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2011 FDA Global Electoral Fairness
                        Audit of France's Republic Electoral System



Executive Summary: France received an overall score of 91.75 percent for electoral
fairness. The score means that France's constitutional and legislative basis for democracy is
exceptional, innovative, and progressive. Unlike Venezuela which legislates fair political
content and complete and balanced electoral coverage, France allows for freedom of political
expression in the media, but limits the ownership concentration of media in order to
encourage political plurality. Also, France has caps on electoral donations and spending, state
party subsidies based on popular support, an impartial state media, a ban on commercial
political advertisements, citizen right of reply, freedom of assembly and expression, and
democratic party registration requirements. In the candidate and party influence audit
section, the FDA auditors found complete electoral fairness.




                                               Electoral Fairness Audit Completed September 9, 2011
About the Foundation for Democratic Advancement:

The Foundation for Democratic Advancement ("FDA")'s mission is to advance fair and
transparent democratic processes wherever elections occur. The FDA believes that fairer
electoral systems and a more informed public will help ensure the election of candidates who
truly represent the will of the people. The FDA fulfills its mission by performing detailed
electoral audits on political candidates and parties to inform the public, objectively and
impartially, about their electoral choices. Also, the FDA audits electoral legislation in terms of
fairness and equity, and conducts ground level assessments of democratic processes. (For more
information on the FDA visit: www.democracychange.com)

Purpose of Electoral Fairness Audit:

The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and
ranking for electoral fairness in France at the republic level of government. (This Audit is part of
the FDA’s global audit of electoral fairness involving all countries which hold political
elections.)

This non-partisan, independent determination aims to give the citizens of France an informed,
objective perspective of the fairness of the French republic electoral system. The views in this
electoral fairness audit are the views of the FDA only.

The FDA’s members and volunteers are in no way affiliated with the French Electoral
Commission or any of the French registered and non-registered political parties.

The Audit is an independent assessment based on objectivity, transparency and non-partisanship.
The FDA assumes no responsibility or liability for any errors in the calculation of its audit results
or inaccuracies in its research of relevant French legislation.

Methodology of the Electoral Fairness Audit:

The FDA focuses on four key areas of electoral fairness:

1) Laws and regulations on the political content of media including newspapers, broadcasters and
online media before, during, and after elections;

2) Laws and regulations on the equality of candidates’ and parties’ influence before, during and
after elections, such as national televised debates, restrictions on candidate nominations, party
registration requirements, etc.;

3) Laws and regulations on electoral finance, such as party and campaign donation limits, third
party spending limits etc.; and

4) Laws and regulations on the equality of voter say before, during, and after an election. The
FDA auditors looked at how French laws and regulations promote equality of voter say in the
media, at the polling booth, through electoral finance and constitutional laws etc.



Foundation for Democratic Advancement
The FDA decided to audit these four areas of electoral fairness because, in our opinion, they are
often ignored or overlooked by the international community in determining electoral fairness.
Moreover, these four areas cover broad aspects of the electoral process in which fairness could
be compromised significantly.

The FDA acknowledges that electoral laws and regulations may not necessarily correspond to the
implementation of those laws and regulations or the public’s response to them. The
implementation and response could be positive or negative, in terms of electoral fairness.

Nevertheless, laws and regulations provide the foundation for democracy, framework for the
electoral system, and an indication of electoral fairness. Also, a country's constitutional and
electoral laws are part of the reality of its democracy.

A further study which tracks the actions of mainstream media and the enforcement or non-
enforcement of electoral laws and regulation, for example, would provide a more reliable overall
determination of electoral fairness.

The FDA researched current French legislation, in relation to four areas of electoral fairness
being examined. Following which, the FDA audited the research results via the FDA electoral
audit team and established FDA scoring scales for the four areas of electoral fairness being
audited.

Weighting and Scoring:

Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and
relevancy.

Each area of electoral fairness has a score range between 0 and 10, and each area is counted
equally.

The total averaged score will provide an indication of the electoral fairness in France.

The FDA electoral audit team deliberated on the research on each area of electoral fairness, and
then attempted to reach consensus on the final score. Where no consensus could be reached, the
individual scores of the team were averaged.

The final score for each area must be supported by more sound reasons and correspond to the
established FDA scoring scale.

FDA Researchers:

Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA researcher.
Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science
(University of British Columbia) and Masters degree in Environment and Development
(University of Cambridge).




Foundation for Democratic Advancement
FDA Electoral Fairness Audit Team:

Chief Electoral Auditor:

Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science
(University of British Columbia) and masters degree in Environment and Development
(University of Cambridge).

Electoral Auditors:

Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA researcher.
Mr. Kyle Chisholm, bachelor degree in sociocultural anthropology (University of Alberta) and
FDA volunteer.
Mr. Antonio Espinoza, bsc in Engineering (San Francisco Xavier de Chuquisaca), MBA in
progress (Private Technological University of Santa Cruz), computer science engineer, FDA
technical expert and researcher, and Bolivian citizen.
Ms. Nicolette Lambert, bachelor honors degree in Political Science and major in Psychology
(McGill University) and FDA researcher and writer (FDA intern).
Mr. David Faiers, FDA technical and marketing executive, researcher, and fourth year Political
Science major (University of Calgary).
Mr. Davood Norooi, masters degree in Mining Engineer, former employee of the National
Iranian Oil Company, FDA researcher, and Iranian citizen.
Mr. Aurangzeb Qureshi, FDA director of marketing, bachelor degree in Political Science
(University of Alberta), and bachelor degree in Journalism (University of King's College).
Mr. Geoff Thiessan, bachelor degree in English Literature (University of Calgary), former
freelance reporter, Surface Land Administrator and FDA researcher and writer.

Report Writer:

Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science
(University of British Columbia) and masters degree in Environment and Development
(University of Cambridge).

Information Sources:

The following information was consulted and utilized in this audit report:

Act of 29 July 1881 on freedom of the press

Act 82-652 of 29 July 1982 on audiovisual communications

Act 2000-719 of 1 August 2000 on media freedom

Bill on surveys to better ensure the fairness of political debates and electoral. February 21, 2011

Declaration of the Rights of Man and of the Citizen of 1789



Foundation for Democratic Advancement
French Constitution of 1958

French Embassy in the United Kingdom

French Election Code

Freedom of Communication Act No. 86-1067 of 30 September 1986

French Ministry of Foreign and European Affairs

Law no. 88-227, of March 11, 1988 on financial transparency in political life.

Organic Law 90-55 of January 15, 1990, relating to limits on election expenditures and the
reporting of political funding activities

The Directorate of Legal and Administrative Information

The Law Library of Congress: Campaign Finance, France.


© 2011, Foundation for Democratic Advancement
All rights reserved.
Foundation for Democratic Advancement
728 Northmount Drive NW
PO Box 94
Calgary, Alberta,
Canada, T2K 1P0
info@democracychange.com




Foundation for Democratic Advancement
Table of Contents:
Political Background on France             8

Chapter 1: Political Content of Media      9

Executive Summary                          9

Research Excerpts                          9

Score                                      16

Rational                                   16

Chapter 2: Candidate and Party Influence   19

Executive Summary                          19

Research Excerpts                          19

Score                                      33

Rational                                   33

Chapter 3: Electoral Finance               36

Executive Summary                          36

Research Excerpts                          36

Score                                      43

Rational                                   43

Chapter 4: Voter Say                       45

Executive Summary                          45

Research Excerpts                          45

Score                                      50

Rational                                   50

Chapter 5: Overall Audit Results           52
Chapter 6: Analysis                  53

Chapter 7: Conclusion                54

Chapter 8: Recommendations           55

Appendix: FDA Global Audit Results   56
Political Background on France
One could say that it was the French Revolution, and the cultural shock that came with it, that
brought France into the modern political period. Since then, France has regularly enjoyed a form
of government in which representatives are elected by the people. Granted, the way in which
these representatives were elected and the powers that they held have been variable.

The first iteration of the National Assembly, which came together in the shadow of the
Revolution was intended to be a representative body of the people that would counterbalance the
power of the King. Still, the late 18th Century was a turbulent time in French politics, with
numerous constitutional reforms and changes to legislative and executive power. This all came to
a head in late 1799 when Napoleon Bonaparte came to power. The 30 years of Napoleon's rule,
and Louis XVIII who followed him, was a time of a divided and ineffective legislative, and a
powerful executive (naturally, with Napoleon and eventually Louis at the helm). The July
Revolution in 1830 saw a return to previous ideals.

In the few hundred years since the Revolution, France has gone through five constitutional
iterations. The most recent is termed the Fifth Republic, which was put in place in 1958.
At this point in history, France's political system is identified as a semi-presidential republic, as
such it has a mix of presidential and parliamentary systems. On the one hand is the President
who is elected directly and takes on the role of the head of state; playing a large role in national
and foreign policy, as well as being a representative of the French people. On the other is the
Prime Minister, who takes on the role of the head of government.

France's parliament is made up of two bodies: the National Assembly (NA), and the Senate. Both
of these bodies deal with the examination and passing of laws, but the NA has primacy. The
representatives of the NA are voted in directly, while the members of the Senate are voted in
indirectly by an electoral college composed of regional, department, and city councillors;
mayors; and members of the NA.

Sources:
http://www.assemblee-nationale.fr/english/synthetic_files/file-01.asp
http://www.assemblee-nationale.fr/english/8am.asp




 Foundation for Democratic Advancement                                                        Page | 8
Chapter One: Political Content of Media
Chapter one will focus on the research and audit results of French laws and regulations with
respect to the political content of media, including newspapers, broadcasters and on-line media,
before, during and after elections.

Executive Summary: France received a score of 82.2 percent for fairness of the media's
political content. The score means that France's media laws are significantly more fair than
unfair. The FDA audit team failed to reach consensus on the score, due to different perspectives
on the French private media's standard of plurality and the French laws on limits to media
concentration. However, there are number of areas with clear fairness in the France's media laws
such as French state media and broadcasters are required legally to be impartial, the French state
bans commercial political advertising three months prior to an election period, and French
citizens have the right of reply to defamatory and slanderous media content.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:

Freedom of Communication Act:

Article 1
(Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986) (Act No. 86-1067 of
30 September 1986, Official Journal of 1 October 1986)
(Act No. 89-25 of 17 January 1989, Article 1, Official Journal of 18 January 1989) (Act No. 89-
25 of 17 January 1989 Article 1 Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Article 28 and 32, Official Journal of 2 August 2000) (Act
No. 2000-719 of 1 August 2000, Article 28 and 32, Official Journal of 2 August 2000)
Audio-visual communication is free. Audio-visual communication is free.

The exercise of this freedom may be limited only, to the extent required, on the one hand, for the
respect of human dignity, freedom and property of other people, the pluralistic nature of the
expression of ideas and opinions and, on the other hand, for the safeguarding of law and order,
for national defence, public service reasons, for technical reasons inherent to the means of
communication as well as for the need to develop a national audio-visual production industry.

The Conseil supérieur de l'audiovisuel, an independent authority, guarantees the exercise this
freedom in accordance with the terms provided for in this Act. The High Audiovisual Council, an
independent Authority, guarantees the exercise this freedom in Accordance with the terms
Provided for in this Act.
It ensures equality of treatment; it guarantees the independence and impartiality of the
public radio and television broadcasting sector. It sees to the promotion of the free
competition and the creation of non-discriminatory relations between producers and service
distributors; it sees to the quality and diversity of programmes, the development of the national


 Foundation for Democratic Advancement                                                    Page | 9
audio-visual production and creation as well as to the defence and illustration of the French
language and culture. Sees it to the promotion of the free competition and the creation of non-
DISCRIMINATORY relations Between Producers and service distributors; Sees it to the quality
and diversity of programs, the development of the national audio-visual production and creation
as well as to the defense and illustration of the French language and culture. It may put forward
proposals to improve the quality of programmes. May it put forward Proposal to Improve the
quality of programs.

It may send to the producers and distributors of audio-visual communication services
recommendations relating to compliance with the principles set forth in this Act. May it send to
The Producers and distributors of audio-visual communication services Recommendations
Relating to compliance with the Principles set forth in this Act. Said recommendations shall be
published in the Official Journal of the French Republic.

Article 2 Article 2
Telecommunication is understood as any transmission, emission or reception of signs, signals,
documents, pictures, sound or information of any kind by wire, optics, radio electric or other
electromagnetic systems.

Audio-visual communication is understood as any act of putting at the disposal of the public or
parts of the public, by means of a telecommunication process, signs, signals, writing, pictures,
sound or any kind of messages which do not have the nature of private correspondence.

Article 16
(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No. 89-
25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)

The Higher Audiovisual Council Shall set the rules Regarding the requirements applicable to the
production, programming or broadcasting of programs Relating to the Election campaign That
national program companies are bound to Produce and program the company and That Provided
for in Article 51 of this Act IS bound to broadcast. Provisions set forth in the terms of reference
cover the services provided in this respect.

The council shall send recommendations for the duration of election campaigns to the operators
of audio-visual communication services authorised pursuant to this Act. The council Shall send
recommendations for the duration of the Election campaign to operators of audio-visual
communication services Authorised pursuer to this Act.

Article 19
(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No. 89-
25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)
(Act No. 2000-719 of 1 August 2000, Article 30, Official Journal of 2 August 2000) (Act No.
2000-719 of 1 August 2000, Article 30, Official Journal of 2 August 2000)
To carry out the assignments Entrusted to it pursuer to this Act, the Higher Audiovisual Council
may:


Foundation for Democratic Advancement                                                    Page | 10
1 Gather, Without Any Additional limitations Other than Those That ensue from the freedom to
exercise the activity of the Political Parties and groups Referred to in Article 4 of the
Constitution:
- from administrative authorities, all information needed to prepare its opinions and decisions ;
- from authorities or producers and distributors of audio-visual communication services, all
information needed to check the latter's compliance with their obligations ; -
- from any physical or legal person that directly or indirectly owns a share equal or superior to
10% of the capital or voting rights at the general meetings of a company that produces or
distributes a radio or television broadcasting service whose programmes contribute to providing
political and general information, all information on procurement contracts and public service
concessions which said individual or entity, or company that it controls submitted an offer to
obtain over the last twenty four months.
2° Carry out surveys of the authorities or of services producers and distributors. 2 Carry out
surveys of the Authorities or services of Producers and Distributors.
The information that the council gathers pursuant to the provisions of this Article may be used
only to carry out the assignments entrusted to it pursuant to this Act. Disclosure of said
information is prohibited.

Article 41-1-1

(inserted by Act No. 2000-719 of 1 August 2000, Article 68, Official Journal of 2 August 2000)

To protect pluralism on the national level in digital mode, no authorisation may be issued
pursuant to Articles 30-1 or 30-2 to a person who, on account thereof, would be in more than two
of the following situations:
1° Be a holder of one or more authorisations for television services broadcast by terrestrial radio
link in digital mode that allows servicing of areas whose recorded population stands at four
million people;
2° Be a holder of one or more authorisation for radio broadcasting services that allows
servicing of areas whose recorded population stands at thirty million people;
3° Be a holder of one or more authorisations to distribute services that allow servicing of areas
whose recorded population stands at six million people;
4° Produce or control one or more daily printed publications of political and general information
representing more than 20% of the total circulation on the national territory of printed daily
publications of the same kind, considered over the last twelve months known prior to the date on
which the application for authorisation was submitted.
However, an authorisation may be issued to a person who does not satisfy the provisions of this
Article, provided that such person conforms with said provisions within a time limit set by the
Conseil supérieur de l'audiovisuel and which may not exceed six months.




Foundation for Democratic Advancement                                                    Page | 11
TITLE III
THE PUBLIC AUDIO-VISUAL COMMUNICATION SECTOR

Article 43-11

(inserted by Act No. 2000-719 of 1 August 2000, Article 3, Official Journal of 2 August 2000)
The companies listed in Articles 44 and 45 carry out public service assignments in the public
interest. They shall offer the public, taken as a whole, a group of programmes and services which
are characterised by their diversity and their pluralism, their requirement of quality and
innovation, respect for the rights of the person and of constitutionally defined democratic
principles.

They shall present a diversified offer of programmes in analogue and digital modes in the areas
of information, culture, knowledge, entertainment and sport. They favour democratic debate,
exchanges between different parts of the population as well as integration into society and
citizenship. They shall promote the French language and highlight cultural and linguistic heritage
in its regional and localdiversity. They shall contribute to the development and broadcasting of
intellectual and artistic creation and of civic, economic, social, scientific and technical
knowledge as well as to audio-visual and media education.

Using adapted devices, they shall favour access to their broadcasted programmes by persons who
are deaf and hard of hearing.

They shall guarantee the integrity, independence and pluralism of information as well as the
pluralist expression of currents of thought and opinion in respect for the principle of the equality
of treatment and the recommendations of the Conseil supérieur de l'audiovisuel .

The institutions of the public audio-visual communication sector, with respect to the performance
of their assignment, shall contribute to the external audio-visual action, the influence of the
French speaking world and the broadcasting of the French language and culture throughout the
world. They shall endeavour to develop new services that may enrich or complete their
programme offer as well as the new technologies of production and broadcasting of audio-visual
communication programmes and services.

A report on the application of the provisions of this Article shall be filed each year in Parliament.
Under article 33-1

For the television services whose programmes include political and general information
programmes, the agreement shall specify the measures to be implemented to guarantee the
pluralistic nature of the expression of currents of thought and opinion as well as the integrity of
information and its independence with regard to the economic interests of shareholders,
especially when they hold procurement contracts or public service concessions.




Foundation for Democratic Advancement                                                      Page | 12
Article 57

(Act No. 2000-719 of 1 August 2000, Article 87, Official Journal of 2 August 2000)
I. I. - The rights of the personnel and the journalists of the institutions referred to in this title may
not depend in their opinion, beliefs or trade union or political membership. Hiring, appointment,
advancement and transfer shall be taking place without other conditions than the professional
capacities required and respect for the public service open to all.
II. II. - In the event of a concerted termination of work in the national programme companies or
in the companies referred to in the last paragraph of paragraph I of Article 44 or the company
referred to in Article 51, continuity of the service shall be assured in the following conditions:
- notice of strike must reach the chairman of the institutions referred to in the previous paragraph
within a period of five clear days prior to the starting of the strike. It must set the place, date and
time of the start as well as the duration, whether limited or not, of the planned strike;
- a new notice may be lodged by the same trade union organisation only at the end of the initial
notice period and possibly of the strike that followed the latter;
- radio and television signals must be created, transmitted and emitted by the services or the
personnel of programme companies and the company referred to in Article 51 which are
responsible therefor;
- a decree in Conseil d'Etat shall define the provisions for application of the above paragraph. In
particular, it shall define the services and categories of personnel strictly essential for the
performance of said assignment and which the chairmen of the companies in question may call
on.
III. - Notwithstanding the provisions of paragraph II above, the chairman of each company must
take the necessary measures with respect to performance of the services that the number and
categories of personnel present permit to be provided.
Article 13
(Act No. 89-25 of 17 January 1989, Article 8, Official Journal of 18 January 1989) (Act No. 89-
25 of 17 January 1989, Article 8, Official Journal of 18 January 1989)
(Act No. 94-88 of 1 February 1994, Article 6 and 18, Official Journal of 2 February 1994) (Act
No. 94-88 of 1 February 1994, Article 6 and 18, Official Journal of 2 February 1994)
(Act No. 2000-719 of 1 August 2000, Article 29, Official Journal of 2 August 2000) (Act No.
2000-719 of 1 August 2000, Article 29, Official Journal of 2 August 2000)

The High Council of Audiovisual Shall Ensure respect for the term of Pluralistic Thought
Currents of opinion and in the programs of the radio and television broadcasting services, in
Particular, for Political and general information programs.

The Higher Audiovisual Council Shall Provide the chairmen of the National Assembly and the
Senate and the leaders of the Various Political Parties Represented in Parliament with a record of
the speaking time of the politicians in news programmes, information bulletins, current affairs
programmes and other programmes broadcasted.

Article 14 Article 14

(Act No. 87-588 of 30 July 1987, Article 98, Official Journal of 31 July 1987) (Act No. 87-588 of
30 July 1987 Article 98 Official Journal of 31 July 1987)

Foundation for Democratic Advancement                                                          Page | 13
(Act No. 88-227 of 11 March 1988, Article 16, Official Journal of 12 March 1988) (Act No. 88-
227 of 11 March 1988, Article 16, Official Journal of 12 March 1988)
(Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No.
89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989)
(Act No. 90-55 of 15 January 1990, Article 22, Official Journal of 16 January 1990) (Act No.
90-55 of 15 January 1990, Article 22, Official Journal of 16 January 1990)

The Higher Audiovisual Council Shall exercise control, using all means clustering under, over
the subject matter, content and programming modes of advertising programs broadcast by all
national program companies and by Holders of Authorization Issued by the audio-visual
communication services to pursuer this Act. Advertising programmes of a political nature are
prohibited.

Any violation of the provisions of the above paragraph shall be punished by the penalties
provided for in Article L90-1 of the Franchise Act. Any violation of the provisions of the Above
paragraph Shall Be punished by the penalties Provided for in Article L90-1 of the Franchise Act.

Bill on Surveys:

This text aims to ensure greater transparency and more rigorous for all surveys with a political or
electoral.

The first publication or first dissemination of each of these surveys should in particular be
accompanied by the words of the organization which conducted the survey, the survey sponsor,
the purchaser if different, the number of respondents and date of completion questions.

Data before "recovery" (techniques for pollsters to correct the raw data to reflect an insincere
response rate) will also be published and the methods of "recovery" used.
People "surveyed" will not receive any gratuity

The second round of polls can not be achieved until the actual results of the first round.

Control of political polls should be strengthened: pollsters must send to the Commission survey,
before publication, data from their studies. The Commission may issue notice must be published
along with the survey.

It also provides a change in the composition of the Commission survey, an organization created
in 1977 to ensure the objectivity of the political polls.

It will consist of eleven members appointed for six years: six judges (two from the Court of
Auditors, two of the Court of Cassation and two of the State Council) and five experts.

Not be members of the Commission "people who see or have seen in the three years preceding
their appointment or payment of any nature whatsoever, media or bodies carrying out surveys."



Foundation for Democratic Advancement                                                        Page | 14
French Embassy in the UK:

Radio and television channels have the duty to keep the public informed during the electoral
campaign and special broadcasts are organized so candidates have the opportunity to express
themselves. The principle applicable to these broadcasts is one of equal treatment of the
candidates. CSA closely monitors the media to verify that this principle is upheld.
Print media

In France, the state guarantees the freedom of the press and safeguards the independence of
the media by preserving the conditions for diverse opinions and pluralism in the media.
The law prevents excessive media concentration by prohibiting any one media group from
owning more than 30% of daily newspaper circulation. The Act of 29 July 1881 on freedom
of the press provides a framework for press freedom by setting restrictions aimed at striking a
balance between freedom of speech, protection of individual rights, and public order. In 1984,
the Constitutional Council acknowledged the constitutional value of press freedom and its
necessary role in a democracy.

PROTECTION OF INDIVIDUAL RIGHTS

The law protects minors from written material and illustrations in which they can be identified. It
prohibits licentious and violent publications that target minors. · The law punishes slander and
defamation “Any offensive expression, contemptuous term or invective, without attribution of a
fact, constitutes slander. Any allegation or attribution of a fact that damages the honour or
reputation of the person or entity to which the fact is attributed constitutes defamation”.
(Article 29, Act of 29 July 1881).

PUBLIC ORDER

The law punishes: · incitement to commit crimes or offences · justification of war crimes and
crimes against humanity · incitement of discrimination, hatred and violence*

Act 90-615 of 13 July 1990 or “Gayssot Act” introduced a right to respond for any person who
considers that a newspaper or other print medium has damaged his honour on the grounds of his
ethnicity, nationality, race or religion. The Gayssot Act sets a punishment of five years’
imprisonment and a €45,000 fine for the public expression of ideas that challenge the existence
of the crimes against humanity committed by Nazi Germany during World War II defined in the
appendix to the London Agreement of 8 August 1945.

Audiovisual media

The freedom of the press has also applied to television since Act 82-652 of 29 July 1982 on
audiovisual communications, which ended the state monopoly on television. The purpose of the
various laws on audiovisual communications is to guarantee media independence and pluralism
by establishing rules on to limit media concentration (Arts. 17 and 41-4 of Act 86-1067).
Freedom of speech in the audiovisual media must not infringe individual rights. Article 1 of Act
86-1067 of 30 September 1986 on media freedom conditions “the exercise of that freedom…

Foundation for Democratic Advancement                                                    Page | 15
on respect for human dignity, individual rights and private property, on the plural
expression of schools of thought and opinion, on the protection of minors, on the
preservation of public order and national security and on the standards expected of a
public service”. The legislation includes special measures to protect minors, such as the ban on
broadcasting programmes for them of a pornographic or violent nature.

The guidance for public television channels and the agreements signed by private channels set
forth ethical principles of independence and pluralism similar to those defined in the legislation.
The Higher Audiovisual Council (www.csa.fr), France’s independent media watchdog,
guarantees media freedom. It is not empowered either to impose or to prevent the airing of a
programme, but supervises programme compliance with the law and channel guidance after it is
broadcast. The CSA pays special attention to programmes for young audiences and to ensuring
that the same amount of broadcast time is allocated to political parties and candidates
during electoral periods. Act 2000-719 of 1 August 2000 on media freedom amends and
expands the 1986 Act by increasing the diversity of the audiovisual offering, chiefly through
provisions on the introduction of digital terrestrial television and the establishment of local
television stations.

Electoral Fairness Audit Results for Media and Broadcasters:

Score:

After an hour of deliberation, the FDA electoral fairness audit team could not reach consensus on
a score. The following scores were averaged with each score having equal weight:

7/10
9/10
8/10
9/10
8/10
8/10
8/10
8/10
9/10

74/90 (82.2 percent)

Total score: 8.2/10

Rational for Score:

Public TV and radio are required legally to be independent and impartial, and provide equality of
treatment.

Private media and broadcasters are required legally to provide electoral and general information
to the public within a pluralistic framework. To ensure plurality, the state applies the following

Foundation for Democratic Advancement                                                     Page | 16
regulations in which media authorization will be denied if more than two of the situations occur:

       1° Be a holder of one or more authorisations for television services broadcast by
       terrestrial radio link that allows servicing of areas whose recorded population stands at
       four million people;
       2° Be a holder of one or more authorisation for radio broadcasting services that allows
       servicing of areas whose recorded population stands at thirty million people;
       3° Be a holder of one or more authorisations for the operation of networks that distribute
       radio and television broadcasting services by cable that allow servicing of areas whose
       recorded population stands at six million people;
       4° Produce or control one or more daily printed publications of political and general
       information representing more than 20% of the total circulation on the national territory
       of printed daily publications of the same kind, considered over the last twelve months
       known prior to the date on which the application for authorisation was submitted.
       However, an authorisation may be issued to a person who does not satisfy the provisions
       of this Article, provided that such person conforms with said provisions within a time
       limit set by the Conseil supérieur de l'audiovisuel and which may not exceed six months.

Also, private media and broadcasters are required legally to provide integral information and be
independent especially under public contract.

The Higher Audiovisual Council regulates the chairmen of the National Assembly and the Senate
and the leaders of the Various Political Parties Represented in Parliament with a record of the
speaking time of the politicians in news programmes, information bulletins, current affairs
programmes and other programmes broadcasted.

Within 3 months of an election, the state prohibits broadcast advertising programs of a political
nature.

The state regulates the public dissemination of surveys/polls: data correction techniques and
methods for data recovery; survey/poll background information must be published; no public
gratuity for survey information; polls reviewed by the Commission survey prior to public release.

Private TV and radio has a legal duty to inform the public about electoral information, and also
provide special broadcast times to political candidates with equal treatment—same amount of
broadcast times during electoral periods. CSA monitors closely the principle of equal treatment.

Private print media has freedom of expression within the context of individual rights and
democracy. The state encourages a diversity of opinions and pluralism. To attain diversity and
plurality, the state controls media concentration: no one media group can own more than 30% of
the daily national newspaper circulation.

French citizens have legal protection against defamation and slander.

French citizens have the legal right to respond against print media. Right to respond is limited to
slander and defamation based on ethnicity, nationality, race, and religion.

Foundation for Democratic Advancement                                                     Page | 17
France's 82.2 percent score for fairness of the media's political content is reflective of a number
areas of fairness in French electoral and media legislation such as the impartiality of the state
media and broadcasters, ban on commercial political advertising three months prior to an
election period, and citizen right of reply to defamatory and slanderous media content. FDA
auditors' deducted 17.8 percent from France's score on grounds of ambiguity and potential abuse
of the pluralistic standard for French private media and broadcasters. Also, France's media
concentration laws (such as the maximum of 30% ownership of national newspaper circulation)
would still allow, for example, four major media companies including the state media, to
dominate electoral print media discourse.




Foundation for Democratic Advancement                                                    Page | 18
Chapter Two: Candidates’ and Parties’ Influence
Chapter two will focus on the research and audit results of French laws and regulations with
respect to the equality of candidates and parties’ influence before, during and after elections.

Executive Summary: France received a score of 100 percent for candidate and party electoral
influence. The score means that France's laws and regulations for candidate and party influence
are completely fair. After significant discussion, FDA auditors could find no element of
unfairness in France's laws and regulations on candidate and party influence. Also, Mr. Garvey,
the Chief Electoral Auditor overruled two auditors who gave lower scores, because they could
not identify any unfairness in the French legislation. The scores were increased from 7 and 9 to
10. Notable aspects of the French legislation are the ban commercial political advertising 3
months prior to an election period, party registration based on having the support of at least 15
MPs, public airtime based on popular support, and special coverage in private media and
broadcasters based on equal treatment of all registered political parties.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:

Election Code:

Article L48-2
Created by Law n ° 2011-412 of April 14, 2011 - art. 3
It is forbidden for any candidate to bring to public attention a new element of controversy
election at a time as his opponents do not have the opportunity to respond effectively before
the end of the campaign.

Amended by Act No. 2004-575 of June 21, 2004 - art. 2 Official Journal of 22 June 2004
If a general election, any election result, partial or final, can not be made public through
the press or by any means of communication to the public electronically, on the mainland
before the close of the last office Voting on the mainland. It is the same in the overseas
departments before the close of the last polling station in each of the departments
concerned.

Amended by Decree No. 2006-1244 of 11 October 2006 - art. 5 Official Journal of 13 October
2006
The campaign is open from the second Monday preceding the election date and ends on the eve
of the vote at midnight. If the second round, the election is open the day after the first round and
ends the day before polling at midnight.
Article R27
Amended by Decree No. 2006-1244 of 11 October 2006 - art. 5 Official Journal of 13 October
2006
Posters and flyers with a goal or a character election which include a combination of three


Foundation for Democratic Advancement                                                      Page | 19
colors: blue, red and white with the exception of the reproduction of the emblem of a political
party or group is prohibited.
Posters must have a maximum width of 594 mm and a maximum height of 841 mm.
Article R28
Amended by Decree No. 2007-1670 of 26 November 2007 - art. 3 Official Journal of 28
November 2007
The maximum number of spaces reserved for displaying election pursuant to Article L. 51, apart
from those established next to the polling stations shall be:
- In five municipalities with less than 500 voters;
- Ten in the other, plus by 3000 electors or fraction greater than 2000 in the municipalities with
more than 5000 voters.
For elections where the candidate is subject to the mandatory filing of a statement, the
locations are assigned by drawing of lots by the authority receiving the applications.

Constitution of October 4, 1958:

Amended by Organic Law No. 2011-410 of April 14, 2011 - art. 22
Ordinance No. 58-1064 of 7 November 1958 Organic Act on Election of President of the
Republic is replaced by the following provisions with organic value.
I. Fifteen days before the first open ballot for the election of the President of the Republic, the
Government shall publish the list of candidates.

This list is previously established by the Constitutional Council on the basis of presentations
made to it by at least five hundred citizens, members of parliament, regional councils, the
Assembly of Corsica, the departments of general advice, Mayotte, territorial councils Saint-
Barthélemy, Saint Martin and Saint Pierre and Miquelon, the Council of Paris, the Assembly of
French Polynesia, the congress and provincial assemblies of New Caledonia, the meeting
Territorial Wallis and Futuna, mayors, mayors of municipalities associated delegates, mayors of
the districts of Lyon and Marseille or elected members of the Assembly of French Citizens
Abroad. The presidents of the legislative bodies of the urban communities, urban communities,
the presidents of local communities, the president of French Polynesia, President of the
Government of New Caledonia and French nationals MEPs elected in France may Also, under
the same conditions, a candidate for president. Submissions must be received by the
Constitutional Council no later than the sixth Friday before the first ballot in eighteen
hours. Upon to apply the provisions of the fifth paragraph of Article 7 of the Constitution, they
must be received no later than the third Tuesday before the first ballot in eighteen hours. An
application can not be accepted if, among the signatories of the presentation include elected at
least thirty departments or communities overseas, without more than a tenth of them can be
elected to same department or even a community overseas.

For the purposes of the provisions of the preceding paragraph, the senators representing French
outside France and the elected members of the Assembly of French Expatriates are deemed to be
elected from the same department. For the purposes of the same provisions, the deputies and
senators elected in New Caledonia and members of provincial assemblies of New Caledonia are
deemed to be elected from the same department overseas or even community from overseas. For
the purposes of the same provisions, French nationals of MEPs elected in France are deemed to

Foundation for Democratic Advancement                                                       Page | 20
be elected from the same department. For the same purpose, the chairs of legislative bodies of
the urban communities, urban communities or communities of municipalities are deemed to be
elected officials of the department belongs to the municipality in which they are delegates. For
the same purpose, the Regional Advisers are deemed to be elected county departments
corresponding to the sections referred to by Article L. 338-1 of the Electoral Code. For the same
purpose, advisers to the Corsican Assembly shall be deemed elected officials of the departments
between which they are distributed pursuant to the provisions of articles L. 293-1 and L. 293-2 of
the Code.

The Constitutional Council shall ensure that the consent of the individuals who presented, on
pain of nullity of their application, must submit, under seal, a statement of their financial
situation in accordance with the provisions of Article 135-1 LO of the Electoral Code and
commitment, if elected, to place two months earlier and one month later than the expiration of
the term or, in case of resignation, within one month thereafter, a new declaration in accordance
with these provisions will be published in the Official Journal of the French Republic within
eight days of its filing.
The name and quality of citizens who proposed the candidates listed are published by the
Constitutional Council at least eight days before the first ballot, in the limit of the number
required for the validity of the application.

V. A decree in Conseil d'Etat shall define the modalities of application of these provisions
organic determines in particular the conditions of participation of state spending for
propaganda.

When publishing the list of candidates in the first round, the state pays each of them a sum
of 153,000 euros as an advance on the reimbursement sum of their campaign expenses
under paragraph below. If the refund amount is less than this amount, the excess is subject
to a repayment.

An amount equal to the twentieth of the amount of campaign spending limits applicable to
them is paid, as a lump sum to each candidate, that amount is increased to half of that limit
for each candidate with more than 5 per 100 of total votes cast in the first round. Can not
exceed the amount of expenditure of the candidate traced in his campaign account.

The total or partial reimbursement of expenses tracked in the campaign account is only possible
after final approval of the account. The repayment sum is not paid to applicants who do not
comply with the requirements of the second paragraph of this Article II, who have not filed their
campaign accounts within the period specified in the second paragraph of Article L. 52-12 of the
Election Code or whose campaign account is rejected for other reasons. In cases where
irregularities do not lead to rejection of the day, the decision on the latter may reduce the amount
of reimbursement based on the number and severity of these irregularities.

I. – RULES FOR THE SETTING-UP OF POLITICAL GROUPS
The Rules of Procedure of the National Assembly state that “M.P.s may form groups according
to their political affinities”.


Foundation for Democratic Advancement                                                     Page | 21
To be created, a group must meet two conditions:
- It must bring together a minimum number of M.P.s. This number has been changed from
twenty to fifteen in the National Assembly with the reform of the Rules of Procedure on
May 27, 2009;
- It must transmit to the President's office a political statement signed by its members and put
forward by the chairman they have chosen.

An M.P. may only be a member of one political group.

It is also possible, with the authorization of the Bureau of a group, to be a part of that group, not
as a fully-fledged member but as an associated member. The associated members are not
included in the minimum number necessary for the setting-up of a group but they are included in
the group numbers concerning all other aspects of parliamentary life.

It is not mandatory to be a member of a group or to be associated to a group. M.P.s who are in
such a position are named on the list of Members of Parliament as ‘belonging to no group’ and
are usually referred to as ‘non-enrolled’.

Changes may occur after the initial setting-up of a group. In the case of new membership or
enrolment, the double signature of the chairman and the M.P. in question are required whilst in
the case of resignation or expulsion only the signature of one or the other is necessary.

The Rules of Procedure also state that no group which presents itself as a group representing
private, local or professional interests or which forces its members to accept a binding vote, can
be created.

Official Journal of 16 January 1990 in force on 1 September 1990
No form of commercial advertising may be implemented for electoral purposes in favor of a
candidate or a list of candidates without the express consent of the candidate, the head of the list
or their duly qualified.

Election Code:

Article L48-1 Learn more about this article ...
Created by Law n ° 2011-412 of April 14, 2011 - art. 2 2
The prohibitions and restrictions of this Code for election propaganda shall apply to any message
in the nature of electoral propaganda disseminated by any means of communication to the public
electronically.

Article L48-2 Learn more about this article ...
Created by Law n ° 2011-412 of April 14, 2011 - art. 3 3
It is forbidden for any candidate to bring to public attention a new element of controversy
election at a time as his opponents do not have the opportunity to respond effectively before the
end of the campaign.

Article L49 Learn more about this article ...

Foundation for Democratic Advancement                                                      Page | 22
Amended by Law n ° 2011-412 of April 14, 2011 - art. 4 4

From the eve of the vote at midnight, you may not distribute or circulate newsletters, circulars
and other documents.
From the eve of the vote at midnight, it is also illegal to distribute or to distribute by any means
of communication to the public electronically any message in the nature of electioneering.
Article L49-1 Learn more about this article ...
Created by Law n ° 2011-412 of April 14, 2011 - art. 5 5
From the eve of the vote at midnight, it is forbidden, by an automated system or not, the phone
call mass of voters to encourage them to vote for a candidate.
Article L50 Learn more about this article ...
It is forbidden for any officer of public authority or municipality to distribute ballots, creeds and
circular candidates.
Article L51
Amended by Law n ° 2011-412 of April 14, 2011 - art. 6 6
Amended by Law n ° 2011-412 of April 14, 2011 - art. 7 7

For the duration of the election period, in each municipality, special places are reserved by the
municipal authority for the application of election posters.
In each of these locations, an equal area is allocated to each candidate or each candidate list.
During the six months preceding the first day of an election until the date of the ballot where it is
acquired, any posting on the election, even posters stamped, is prohibited outside of this location
or the location reserved for other candidates, as well as outside billboards for free expression
where they exist.
Article L52
If the mayor refuses or neglects to comply with the requirements of the preceding article and the
regulations made for their execution, the warden must ensure immediate compliance by itself or
by a delegate.

Article L52-1
Amended by Law n ° 2011-412 of April 14, 2011 - art. 6 6
During the six months preceding the first day of an election until the date of the ballot where it is
acquired, the use for purposes of electoral propaganda of any means of commercial advertising
by way of the press or by means of audiovisual communication is prohibited.

On the first day of the sixth month preceding the month in which service is to be a general
election, no advertising campaign achievements or management of a community can be
organized on the territory of communities interested in election. Notwithstanding the provisions
of this chapter, this prohibition does not apply to the presentation by a candidate or on its behalf
in connection with the organization of his campaign, balance sheet management mandates held
or he has held. The costs are subject to the provisions relating to funding and election spending
limits contained in Chapter V bis of this title.

Foundation for Democratic Advancement                                                       Page | 23
NOTE:
Act 2001-2 2001-01-03 art. 23 II ; 23 II The provisions of the last two sentences of the second
paragraph are of an interpretative nature.
Article L52-2 Learn more about this article ...
Amended by Act No. 2004-575 of June 21, 2004 - art.

French Embassy in the United Kingdom:

POLITICAL PARTY FUNDING IN FRANCE

4 April 2006
Since 1988, several Acts have been passed to provide a legal framework for financing political
parties in France. The aim has been fourfold: to ensure that the bulk of the funding comes from
the public purse, increase the transparency of the parties’ accounts (Acts of 11 March 1988 and
15 January 1990), prohibit donations from businesses (Act of 19 January 1995) and limit
campaign spending.

Political parties in France are today funded in two ways: by donations from individuals and by
taxpayers.

1. Ceiling on individual donations; business donations prohibited
The policy is to encourage people to become paid-up members of political parties, with a tax
rebate on their subscriptions. Individual donations are capped at €7,500 (€4,600 during
election campaigns). Donations to political parties enjoy the same tax rebate as subscriptions to
political parties. Donations of more than €150 must be made by cheque and a receipt issued.
Despite the tax incentive, contributions by individuals have traditionally remained limited. To
varying degrees, parties impose levies on those of their members who occupy an elected office.
These levies generally exceed donations from individuals. (Parties can have other sources of
private income, but these are severely limited by increasingly restrictive legislation: income from
commercial and/or industrial activities, legacies.) Since the Act of 19 January 1995, businesses
have no longer been allowed to fund political parties (article 16) or contribute to the
election campaigns of one or more candidates through direct or indirect donations (article
4).

2. Public purse the main source of money. Annual two-part political party funding system
Only parties which have presented candidates in at least 50 constituencies and obtained at least
1% of the votes cast in the previous general election are eligible for money under this two-part
system:
a) An initial part is shared between these parties in proportion to the number of votes each
received in the previous general election (Act of 20 January 1993).
b)A second part is shared between these parties in proportion to the number of elected
representatives each has in the two parliamentary assemblies. Members of the National
Assembly and Senate must join a political "group" in Parliament for their party to receive
this second part of the aid.



Foundation for Democratic Advancement                                                    Page | 24
Moreover, under the June 2000 Act on gender parity, if a party fails to comply with the
requirement for parity, its State funding is reduced.

A political party which has emerged since the previous general election is eligible for a lump
sum contribution from the public purse (Act of 19 January 1995), provided it has received, in a
twelve-month period, donations from at least 10,000 people (including a minimum of 500
elected representatives) totalling at least €150,000.

The State also grants political parties other facilities which can be regarded as indirect funding:
outside election campaign periods (special rules apply during campaigns), political Groups in the
National Assembly or Senate have the right to a certain amount of air time, allowing them to
broadcast on public radio stations and television channels: similarly, the State grants political
parties some tax rebates (reduced rate corporation tax) on some of their own income (from
renting out their buildings and undeveloped sites, for example).

Finally, after an election the State reimburses a proportion of a party’s campaign expenses
according to the percentage of the total votes cast it has obtained.
In 2004, France had around 230 registered political parties. Six of them received 90% of the
public funding: Union pour un Mouvement Populaire (UMP), Parti Socialiste (PS), Front
National (FN), Union pour la Démocratie Française (UDF), Parti Communiste français (PCF),
Verts (Green Party). In 2003, the French State paid €73 million to 66 political parties and groups,
including 34 in Overseas France. The UMP (526 National Assembly deputies) initially received
the most aid with €33.4 million, but this was cut by almost €4 million for failure to comply with
the Act on parity; the PS (235 deputies elected) received €19.6 million; the FN (no deputies
elected) €4.6 million; the UDF (61 deputies elected) €4.3 million; the PCF (41 deputies elected)
€3.7 million. The same amount of money is scheduled to be allocated in 2006, €33 million for
the "initial part" and €40 million for the "second part" (Order 2006-86 of 30 January 2006).

3. Transparency increased
a)Control and publication of parties’ accounts: a National Campaign Accounts and Political
Funding Commission (CNCCFP - Commission Nationale des Comptes de Campagne et des
Financements politiques) was established by the Act of 15 January 1990. To obtain public
funding, parties must keep accounts, get them audited by two auditors and submit them to the
CNCCFP, which scrutinizes them and publishes them in the Journal Officiel (www.cnccfp.fr).
b)Transparency of elected representatives’ personal wealth: on their election and at the end of
their term of office, all members of the government, deputies, MEPs and local elected
representatives must submit to the Commission for Transparency in Politics a sworn statement
giving details of all their property. This Commission checks that they have not gained financial
or other material benefits for themselves as a result of their political mandate/public office (Act
of 11 March 1988).
(www.commission-transparence.fr).

4. Expenditure limited:
To level the playing field for candidates, a ceiling has been imposed on their spending.



Foundation for Democratic Advancement                                                      Page | 25
In European elections, the ceiling is €1.15 million per party. In the 2007 presidential election, it
will be €15.5 million per candidate and €20.7 million for the 2 candidates in the second round. In
general elections, the spending limit is €38,000 plus €0.15 per constituency resident (article L52-
11 of the Electoral Code). A specific percentage is added to this amount, set in 2000, to allow for
the increase in the cost of living (18% under the Order of 31 August 2005). In municipal
elections, the ceiling depends on the size of the commune (municipality).
Political advertising on commercial hoardings is banned for the three months preceding the
election.

French Ministry of Foreign and European Affairs:

Presidential elections

Under the Fifth Republic and since the constitutional revision of 6 November 1962 approved by
the referendum of 28 October 1962, the President of the Republic has been elected by direct
universal suffrage. The referendum of 24 September 2000 put an end to the principle of a
seven-year term instituted under the Third Republic. The presidential term is now five years,
renewable.

The polling method used in presidential elections is the "scrutin uninominal majoritaire à deux
tours", literally a two-round single name first-past-the-post poll.

However, a candidate may in fact be elected in the first round if s/he obtains an absolute majority
of the votes cast.

If no candidate achieves this in the first round, a second round takes place two weeks later. Since
the person elected has to obtain the majority of votes cast, as provided by the Constitution
(article 7), only two candidates may go forward to this second round: the two highest-scoring
candidates in the first round.

A candidate is eligible only if s/he is sponsored by at least 500 citizens holding elective office as
defined by the institutional Act. The candidature is accepted only if the 500 sponsors include
elected representatives from at least 30 French-administered territories outside Europe, no more
than 10% of whom may be from just one of them. The Constitutional Council publishes the
names and offices of the signatories.

Since the institutional Act of 11 March 1988 relating to the financial transparency of political
life, candidates have had to submit to the Constitutional Council a declaration of their estate and
an undertaking to file a new declaration at the end of their term of office. After the election, the
Constitutional Council publishes only the elected candidate’s declaration. After checking all the
admissibility requirements, the Constitutional Council draws up the list of candidates.




Foundation for Democratic Advancement                                                      Page | 26
Law no. 88-227, of March 11, 1988 on financial transparency in political life:

Article 9
- Modified by the Order no. 2009-536, of May 14, 2009 - art. 15
The first fraction of the aids established in article 8 is allocated:
- either to the political parties and bodies having presented, on the occasion of the most
recent renewal of the National Assembly, candidates that each have obtained at least 1 %
of the votes cast in at least fifty constituencies;
- or to the political parties and bodies having presented candidates, on the occasion of the
most recent renewal of the National Assembly only in one or more overseas departments,
or in Saint-Pierre-et-Miquelon, Saint-Barthélemy, Saint-Martin, Mayotte, New Caledonia,
French Polynesia or the islands Wallis and Futuna, and whose candidates have obtained
at least 1 % of the votes cast in all the constituencies where they appeared.

The distribution is performed proportionately to the number of votes obtained in the first
tour of elections by each of the respective parties and bodies. The votes obtained by the
candidates declared ineligible pursuant to article L.O. haven't been taken into account. 128
of the electoral code.

For the distribution stipulated in the previous paragraphs, the candidates running for
Member of Parliament (deputy) indicate, where appropriate, in their candidature statement,
the political party or body they join. This party or body may be chosen from a list
established by decision of the Minister of the Interior published by the Official Journal of
the French Republic no later than the fifth Friday prior to the polling day, or outside this list.
The list comprises the group of political parties or bodies having submitted to the ministry
of the interior, no later than the sixth Friday prior to the polling day, at sixteen hours, a
request with the object of benefiting from the first fraction of the aids established in article
8.

The second fraction of these aids is allocated to the political parties and bodies which are
beneficiaries of the first fraction, set below proportionally to the number of members of
Parliament having declared to the bureau of their assembly, during the month of
November, that they were registered or had joined the said party or body.
Each Member of Parliament may indicate only one political party or body for the
application of the previous paragraph.

No later that December 31 of the present year, the National Assembly bureau and the
Senate bureau communicate to the Prime-Minister the distribution of the member of
Parliament among political parties and bodies, as it results from the declarations of the
members of Parliament.

The amount of the aids allocated to each party or body is identified in a reported attached
to the financial bill of the year.
Article 9-1
· Modified by the LAW no. 2009-526, of May 12, 2009 - art. 80


Foundation for Democratic Advancement                                                        Page | 27
In case, for a political party or body, the difference between the number of candidates of
each sex having declared to join this party or body, on the occasion of the last general
renewal of the National Assembly, according to the fifth paragraph of article 9, exceeds 2
% of the total number of these candidates, the amount of the first fraction allocated to it for
the application of articles 8 and 9 is diminished by a percentage equal to three quarters of
this difference proportional to the total number of these candidates.

This reduction is not applicable to the political parties and bodies having presented
exclusively overseas candidates if the difference between the number of candidates of
each sex who have joined it is not superior by one.
[Provisions declared non compliant to the Constitution by decision of the Constitutional
Council n° 2000-429 DC, of May 30, 2000

Campaigning for the French presidency is highly regulated. Below are the main rules
governing campaign spending for the 12 presidential candidates during the run-up to the
April 22 and May 6 polls.
- Campaign spending is limited to 15.5 million euros ($20.7 million), per candidate, while a total
of 20.7 million euros is allowed for the two candidates who make it through to the second round
of elections.
- All campaign donations and expenses made during the year prior to the vote must be declared
and submitted for a post-election audit.
- The state reimburses parties for most of their expenses, unless they violate financing rules, in
which case repayment is withheld as a penalty.
- In theory, candidates may amass war chests, but the spending cap means that it offers little
advantage to the bigger parties.
- Electoral law prohibits all donations from businesses or fundraising associations.
- Individuals may donate up to 4,600 euros to a candidate's campaign.
- Pamphlets and posters are allowed in designated areas, such as large road junctions, schools
and municipal buildings, but political advertising on commercial ad space -- by candidates or
their supporters -- is banned.
- Candidates, parties, and their supporters are banned from purchasing television or radio airtime.
- The main television and radio stations must give candidates equal coverage in news broadcasts.
They must also allocate equal amounts of airtime for a limited number of campaign broadcasts
which are free of charge. Source: Constitutional Council ($1=.7582 Euro)

French Embassy in the United Kingdom :

All forms of paid commercial advertisements through the press or by any audiovisual means are
prohibited during the three months preceding the election. Instead, political advertisements are
aired free of charge on an equal basis for all of the candidates on national television channels and
radio stations during the official campaign.

The President is elected for a five-year renewable term. An absolute majority of the votes cast is
required for election on the first ballot. If no candidate receives a majority in the first ballot, a
second round of balloting is held two weeks later. Only the top two, first-round candidates who


Foundation for Democratic Advancement                                                       Page | 28
choose to remain in the running are eligible for the second balloting. Presidential elections must
be held not less than twenty days and not more than thirty-five days before the expiration of the
term of the President then in office. France’s most recent presidential election took place in April
and May of 2007.

The National Assembly has 577 députés elected for a five-year term. Candidates winning 50
percent or more of the vote in their constituencies are elected on the first ballot. If no candidate
received a majority, candidates winning less than 12.5 percent are eliminated and the other
candidates go on to a second round of voting. The candidate who receives the most votes is
elected. The last National Assembly election took place on June 10 and 17 of 2007.

If a general election, any election result, partial or final, can not be made public through the press
or by any means of communication to the public electronically, on the mainland before the close
of the last office Voting on the mainland. It is the same in the overseas departments before the
close of the last polling station in each of the departments concerned.

The Electoral Code provides that “the electoral campaign is officially opened the second Monday
that precedes the first round of balloting.” Ballots are always held on a Sunday. If a second ballot
is necessary, the campaign re-opens the next day for a week. The dates of elections are set forth
by decree. In the 2007 presidential election, for example, the decree provided that the first ballot
would take place on April 22, 2007, and, if necessary, the second ballot would occur on May 6,
2007. The campaign officially started on April 9, 2007.

In the case of the election to the National Assembly, however, the official campaign opens
twenty days before the date of the first ballot.

There are several additional important dates during the preparation of an election. Contributions
by physical persons to one or more candidates for a specific election are authorized only “during
the year preceding the first day of the election and until the date of the ballot when the election is
completed.” They must be collected through an authorized financial representative appointed by
the candidate, never paid directly to the candidate himself.

In addition, three months before the ballot, which date is set forth by decree, the following are
prohibited:
    • All forms of paid commercial advertisements through the press or by any
        audiovisual means;
    • Affixing electoral posters or other campaign material in locations and spaces other
        than those officially assigned to each candidate by the local authorities; and
    • For the candidates, providing toll-free telephone numbers and computer databases
        to the public.
        B. Corporate, Union, and Other Advocacy Group Contributions

No legal entity is allowed to participate in financing a political candidate unless the legal entity is
a political party or a political group. Financing is not allowed in any form whether direct, e.g., by
donating money, or indirect, e.g., by rendering services or granting favors or advantages to a


Foundation for Democratic Advancement                                                       Page | 29
candidate’s political campaign by providing services and products below regular market fees or
prices.

Nor is a legal entity allowed to finance political parties or political groups. Financing is not
allowed in any form whether direct, e.g., by donating money or properties, or indirect, e.g.,
by rendering services, providing products below regular market fees or prices, or granting
favors or advantages to political parties, groups, their financial representatives, or
associations.

The intent of Parliament was to cut any link between the economic world and the political world.
To compensate for this loss of funding, it sensibly increased public funding.
        C. Foreign Contributions
Foreign states or foreign legal entities cannot make direct or indirect donations to a political
candidate. No restriction is mentioned regarding foreign physical persons, and there is no
provision regarding the requirement to raise all or the majority of funds within a candidate’s
home constituency. Political parties also are prohibited from receiving contributions from foreign
states or foreign legal entities.
        D. Candidate’s Own Contribution
There is no limit to the amount a candidate may contribute to his own campaign other than the
general ceilings on campaign expenditures; however, proof that the funds legitimately belong to
the candidate must be provided.
        E. Political Party Contributions
There is no limit to the amount a political party may wish to contribute to the campaign of
one of its candidates other than the general ceilings on campaign expenditures.
Ceilings on Campaign Expenditures

France has placed ceilings on campaign expenditures. The ceiling on expenditures for the 2007
presidential campaign for each presidential candidate was €16,166,000.00 for the first ballot, and
€21,594,000.00 for each of the two candidates present at the second ballot. The 2007 campaign
account of President Nicolas Sarkozy shows that his expenditures were €21,038,893.00, while
the total expenditures of his opponent, Segolène Royal, were €20,712, 043.00.

As for the election of the députés, the ceiling is composed of a fixed base (€38,000 per
candidate), and an additional amount depending on the population of each electoral district
(€.0.15 for each resident) multiplied by a revalorization coefficient of 1.18. For example, the
ceiling in an electoral district of 107,425 residents would be calculated as follows: €38,000 +
(€0.15 x 107 425) x 1.18 = € 63,854. Ceilings are reviewed every three years.

Ceilings may come into conflict with Article 10 of the European Convention on Human Rights,
which proclaims the right to freedom of expression. The European Court of Human Rights held
in Bowman v. The United Kingdom that imposing on independent third parties a £5 ceiling on
publications for the purpose of supporting a candidate’s election campaign was a
disproportionate interference with the applicant’s freedom of expression.

The case arose after Mrs. Bowman, the executive director of the Society for the Protection of the
Unborn Child, was prosecuted for arranging the distribution of one and a half million leaflets

Foundation for Democratic Advancement                                                    Page | 30
across the United Kingdom before the parliamentary elections in April 1992. The leaflets
compared the record on abortion of the candidates and clearly exceeded the £5 limit. The Court
found that the £5 limit operated “as a total barrier to Mrs. Bowman’s publishing information with
a view to influencing the voters in favor of an anti-abortion candidate.” The Court further stated
that:

It [the court] is not satisfied that it was necessary thus to limit her expenditure to GPB 5 in order
to achieve the legitimate aim of securing equality between candidates, particularly in view of the
fact that there were no restrictions placed upon the freedom of the press to support or oppose the
election of any particular candidate or upon political parties and their supporters to advertise at
national or regional level, provided that such advertisements were not intended to promote or
prejudice the electoral prospects of any particular candidate in any particular constituency.

It concluded that the restriction in question was disproportionate to the aim pursued.

No case against France on similar issues and based on Article 10 of the European Convention on
Human Rights could be located. As for a challenge to the ceilings based on the constitutional
principle of freedom of expression, the French courts historically have stayed away from
challenging the constitutionality of laws. The review of the constitutionality of laws is solely
entrusted to the Constitutional Council, which expresses an opinion on the validity of a measure
before it is promulgated. A provision declared unconstitutional cannot be promulgated and
therefore cannot take effect.

As a general rule, all forms of paid commercial advertisement through the press or by any
audiovisual means during the three months preceding an election are prohibited. The state
provides free access to public radio and television for political advertisement for a certain
amount of time during the official election campaigns.

Each presidential candidate is entitled to an equal amount of time for public television and
radio broadcast advertisement during the official campaign. The total minimum air time
set forth by law is fifteen minutes per television channel and radio station for each
candidate on the first ballot and one hour on the second ballot. The High Council on
Audiovisual (Conseil supérieur de l’audiovisuel, hereafter CSA), an independent administrative
authority, approves the actual amount of time of advertisement in cooperation with the
candidates. During the 2007 presidential election, CSA approved forty-five minutes of
advertisement per channel and station for each candidate for the first ballot and sixty minutes for
the second ballot. CSA also established with the candidates the duration, format, and numbers of
advertisements to be run within the time limits set forth above.

In the National Assembly election, political parties or groups may use public radio and
television for 3½ hours for the first ballot, and 12 hours for the second ballot. The 3½-hour
and 12-hour periods are divided into two equal parts, one being used by parties belonging
to the majority and the other by opposition parties. The time used by each party within their
general time slot is decided by the presidents of the parties. If no agreement between the
presidents can be reached, the time will be divided by the bureau in charge of the general
management of the outgoing National Assembly.

Foundation for Democratic Advancement                                                      Page | 31
Groups and parties that are not represented at the National Assembly have seven minutes for the
first ballot and five minutes for the second, provided that they have at least seventy-five
candidates running in the election.
C. Penalties for Irregularities

When a candidate exceeds the ceiling on expenditures, the CNCCFP determines a sum equal to
the amount in excess that the candidate must pay to the Public Treasury. In addition, a fine of
€3,750 and/or imprisonment for up to a year may be imposed on a candidate who does not
respect the following provisions:
     • Requirements regarding the handling of all financial matters through an authorized
        financial representative;
     • Prohibitions on paid commercial advertisements through the press or by any audiovisual
        means and on providing toll-free telephone numbers and computer databases to the public
        three months before the ballot;
     • Limitations on the ceilings for donations; or
     • Requirements concerning the ceiling on campaign expenditures.
Finally, the same penalties will apply to anyone who contributes to the financing of election
campaigns in violation of the limit set by the law or manages the campaign funds for a candidate
in violation of conditions provided for by the law.

Article L167-1
Amended by Order No. 2003-1165 of December 8, 2003 - art. Official Journal of 16 December
9, 2003

I. - The parties and groups can use the antennae of public service broadcasting for their campaign
for parliamentary elections. Each program is broadcast by the national television and radio
broadcasting.

II. - For the first ballot, a transmission time of three hours is available to the parties and groups
represented by the parliamentary groups of the National Assembly.
It is divided into two equal parts, one being assigned to groups that belong to the majority, the
other for those who do not belong.

The time allocated to each group or party in each of these series of programs is determined by
agreement between the presidents of the groups. Failing agreement, the distribution is
determined by the members making up the office of the outgoing National Assembly, taking into
particular account the relative importance of these groups for these discussions, the office is
completed by the group chairmen .

Emissions before the second round have a duration of half past one: they are divided between the
same parties and groups and in the same proportions.

III. - Any political party or group that is not represented by the parliamentary groups of the
National Assembly has access, on request, to public service broadcasts of audiovisual
communication for a period of seven minutes in the first round and five minutes the


Foundation for Democratic Advancement                                                        Page | 32
second, when at least seventy-five candidates said in their nomination paper, attach it to the
application of the procedure under the second paragraph of Article 9 of Law No. 88 - 277 of
11 March 1988 on financial transparency of political life.
The authorization is given to those parties or groups under conditions to be fixed by decree.
IV. - The conditions of production, programming and broadcasts are set after consultation with
the boards of domestic companies and television broadcasting, the Higher Audiovisual Council
V. - With regard to broadcasts intended for reception outside France, the Higher Audiovisual
Council takes into account the delivery time and time differences.

Electoral Fairness Audit Results for Equality of Candidates and Parties:

Score:

The FDA electoral fairness audit team reached consensus on a score of 10/10. (Mr. Garvey, the
Chief Electoral Auditor overruled two auditors who gave lower scores, because they could not
identify any unfairness in the French legislation. The scores were increased from 7 and 9 to 10.)

Rational for Score:

The system is run-off voting. If no candidate gets an absolute majority in the first round, a
second round takes place where the two highest scoring candidates are voted on again.

The French president, as well as MPs in the National Assembly are voted in by direct universal
suffrage.

Political parties are formed only when they meet two conditions: that at least 15 MPs are brought
together in the organization, and that a MP only supports one political group at a time. Parties
also cannot be formed on the basis of representing private, local, or professional interests, or
forcing a binding vote.

Public media and broadcasters must be impartial and independent. During parliamentary
elections, 3 hours of public airtime divided equally groups in the majority of the National
Assembly and groups not in the majority of the National Assembly. (3 hours divided up based on
consensus or degree of importance of groups and parties.) In the second round, 1.5 hours are
available to relevant parties and groups. Political groups and parties not part of the National
Assembly are entitled to 7 minutes of public airtime in first round and 5 minutes in the second
round, as long as they have at least 75 candidate nominations. (577 total seats in National
Assembly.)

Private media and broadcasters must provide electoral coverage, and equal special coverage to
political candidates. (“equal treatment”)

3 months prior to an election period, the state does not allow commercial political advertising.

No election propaganda during election period in which candidates does not have reasonable
time to respond.

Foundation for Democratic Advancement                                                     Page | 33
The state disallows the distribution of fliers etc. on the eve of Election Day.

6 months prior to an election period to the Election Day, the state disallows posters etc. except in
specific locations reserved equally for candidates. The state bans commercial political
advertisement.

Finances:

Individual donations capped at €4,600 Euros during election campaigns. Outside of election
period, individual donations capped at €7,500 Euros.

Legal entities are banned from donating to political candidates and parties.

Public electoral monies:

Parties must have candidates running for office in at least 50 constituencies, and obtain 1% of
vote, or candidates in only one or more overseas departments and obtain 1% of vote.

Public monies distributed based on:
Share based on % of votes received in previous electioneering and share based on % of seats
attained in the National Assembly.

New political parties are entitled to public monies as long as within a 12 month period they
received donations from 10,000 citizens with a minimum of 500 elected representatives, and
donations totaling €150,000 Euros.

Outside election period, political groups in the National Assembly are guaranteed certain amount
of TV and radio airtime, and tax rebates on political expenses. Airtime distribution based on % of
representation in National Assembly.

Presidential candidates have spending limits: In 2007 presidential election, €16,166,000.00 for
the first ballot, and €21,594,000.00 for each of the two candidates present at the second ballot.

€38,000 Euro plus a defined percentage times the number of voter in constituency, spending
limits for National Assembly candidates.

There is no spending limit on candidate's contributions to their own campaigns as long as their
own money and they do not exceed their spending limit.

Presidential candidates must have the support of 500 elected members of which must include 30
French administered territories outside of Europe with no more than 10% from one territory.

Candidates are advanced €153,000 Euros (1/20th of candidate expenditure limit).
50% of spending limit is refunded if candidate attains at least 5% of the total vote cast. A
candidate who spends up to 50% of the cap will get back the entirety of his or her expenses.


Foundation for Democratic Advancement                                                     Page | 34
The state imposes €3,750 Euro fines and up to 1 year imprisonment for violation of finance laws,
commercial advertising ban etc.

The score of 100 percent for candidate and party electoral influence means that FDA auditors
could find no element of unfairness in France's laws and regulations on candidate and party
influence. The score does not mean that there is an equal playing field for candidates and parties.
It means that there is a completely fair playing field for candidates and parties. The fairness of
France's legislation is consistent through all areas of candidate and party influence.




Foundation for Democratic Advancement                                                    Page | 35
Chapter Three: Electoral Finance
Chapter three will focus on the research and audit results of French laws and regulations with
respect to the equality and fairness of Azerbaijani electoral finance laws and regulations.

Executive Summary: France received a score of 90 percent for electoral finance. The score
means that France's laws and regulation on electoral finance are exceptional, progressive, and
innovative. France's electoral finances are capped, and the finance laws are monitored and
enforced. Also, there are public electoral subsidies based on popular support. The 10 percent
short of 100 percent is based on the cap on citizen donations favoring wealthy French citizens
and supporting minority support. For example, as observed in the FDA audit session, twenty-five
wealthy citizens with 4,600 Euros donations each, based on the spending limit on a MP and cap
on citizen donations, could cover all of a candidate's eligible electoral expenditures.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:

Election Code:

The election expenses limit provided for in Article L. 52-11 of the Election Code is set at
13.7 million euros for a candidate in the election of the President of the Republic. There is
increased to 18.3 million euros for each candidate in the second round.

Individuals may not, under the provisions of Article L. 52-8 of the Election Code, grant loans
and advances repayable candidates.

V. A decree in Conseil d'Etat shall define the modalities of application of these provisions
organic determines in particular the conditions of participation of state spending for propaganda.
When publishing the list of candidates in the first round, the state pays each of them a sum of
153,000 euros as an advance on the reimbursement sum of their campaign expenses under
paragraph below. If the refund amount is less than this amount, the excess is subject to a
repayment.

An amount equal to the twentieth of the amount of campaign spending limits applicable to them
is paid, as a lump sum to each candidate, that amount is increased to half of that limit for each
candidate with more than 5 per 100 of total votes cast in the first round. Can not exceed the
amount of expenditure of the candidate traced in his campaign account.

The total or partial reimbursement of expenses tracked in the campaign account is only possible
after final approval of the account. The repayment sum is not paid to applicants who do not
comply with the requirements of the second paragraph of this Article II, who have not filed their
campaign accounts within the period specified in the second paragraph of Article L. 52-12 of the
Election Code or whose campaign account is rejected for other reasons. In cases where

Foundation for Democratic Advancement                                                    Page | 36
irregularities do not lead to rejection of the day, the decision on the latter may reduce the amount
of reimbursement based on the number and severity of these irregularities.

Amended by Law n ° 2011-412 of April 14, 2011 - art. 16
Seized by the Committee established by Article L. 52-14 , the election judge may declare
ineligible for the candidate whose campaign account, where appropriate after Reformation,
shows an excess of the maximum election expenses.

Seized under the same conditions, the election judge may declare ineligible for the candidate
who has not filed his campaign account in the manner and within the time prescribed in
Article L. 52-12 .

It also decides the ineligibility of the candidate whose campaign account was properly rejected in
the case of willingness to fraud or failure of particular severity the rules on campaign financing.

Amended by Law n ° 2011-412 of April 14, 2011 - art. 8
Donations made by a person properly identified to finance the campaign of one or more
candidates in the same election may not exceed 4,600 euros.

Corporations, with the exception of political parties or groups, cannot participate in financing the
election campaign of a candidate, or by extending donations in any form whatsoever or by
providing goods, services or other direct or indirect benefits to prices lower than those usually
practiced.

Any donation of more than 150 euros granted to a candidate for his campaign to be paid by
check, bank transfer, debit or credit card.

The total amount of cash donations to the candidate may not exceed 20% of the amount of
authorized expenses if the amount is less than 15 000 euros under Article L. 52-11 .

No candidate may receive, directly or indirectly, for any expense whatsoever, contributions or
material support to a foreign state or a legal entity under foreign law.

Notwithstanding the first paragraph of Article L. 52-1 , candidates or lists of candidates may use
advertising in the press to solicit donations allowed by this section. Advertising can not contain
other than those required to enable the payment of the gift.

The amounts provided in this section are updated every year by decree. They evolve as the price
index for household consumption, excluding tobacco.
Article L52-9

Article L52-10
Amended by Order 2000-916 2000-09-19 Annex II, Official Journal of 22 September 2000 into
force on 1 January 2002

The association of election financing or fiscal agent issues a receipt to the donor including a

Foundation for Democratic Advancement                                                     Page | 37
State Council decree sets the conditions for the establishment and use. The decree also
determines the manner in which the receipts issued for donations of an amount equal to or less
than 3000 euros made by individuals do not mention the name of the applicant or recipient the
name of the beneficiary list.
Article L52-11

Amended by Law n ° 2011-412 of April 14, 2011 - art. 14
For the elections to which Article L. 52-4 is applicable, it shall be a limit on election expenses
(1), other than expenses of propaganda directly supported by the state, exposed by each
candidate or each candidate list, or on their behalf, in the period mentioned in that article.

The ceiling is determined by the number of inhabitants of the district election in accordance with
the following table:

                          Per capita ceiling of voters think (in euros):
          Fraction of the
                          Election of Councillors:                         Election of
          population of                                    Election of
          the district:   These lists in Lists in the                      Regional
                                                           councilors
                          the first round second round                     Councillors
          Not exceeding
          15 000          1, 22           1, 68            0, 64           0, 53
          inhabitants:
          15 001-30
                          1, 07           1, 52            0, 53           0, 53
          000:
          30 001-60
                          0, 91           1, 22            0, 43           0, 53
          000:
          60 001-100
                          0, 84           1, 14            0, 30           0, 53
          000:
          100 001-150
                          0, 76           1, 07            -               0, 38
          000:
          150 001-250
                          0, 69           0, 84            -               0, 30
          000:
          Exceeding
          250 000         0, 53           0, 76            -               0, 23
          inhabitants:

The expenditure ceiling for the election of members is 38 000 euros per candidate. It is increased
by 0, 15 euro per inhabitant in the district.

The ceilings set for the election of regional councilors are applicable to the election of councilors
to the Corsican Assembly.

The amounts provided in this section are updated every year by decree. They evolve as the price
index for household consumption, excluding tobacco.


Foundation for Democratic Advancement                                                      Page | 38
NOTE:
(1): Decree 2009-1730 of 30 December 2009 art. 1: The amount of election expenses limit is
multiplied by the coefficient of 1.23 for the elections to which the provisions of Article L. 52-11
of the Election Code shall apply, with the exception of members of parliament and
representatives of the European Parliament.
Article L52-11-1

Amended by Law n ° 2011-412 of April 14, 2011 - art. 9
The election expenses of candidates which Article L. 52-4 is applicable are subject to a flat
reimbursement from the state equal to 50% of their spending limit. The reimbursement
may not exceed the amount of expenses paid on the personal contribution of candidates
and traced in their campaign accounts.

The repayment sum is not paid to candidates who received less than 5% of the votes cast in
the first round of voting, which does not comply with the requirements of Article L. 52-11 ,
who have not filed their campaign accounts within the period specified in the second
paragraph of Article L. 52-12 or whose campaign account is rejected for other reasons or
who have not filed their tax asset situation, they are subject to this requirement.

In cases where irregularities do not lead to rejection of the day, the decision on the latter may
reduce the amount of reimbursement based on the number and severity of these irregularities.
Article L52-12

Amended by Law n ° 2011-412 of April 14, 2011 - art. 10

Each candidate or candidate tops the list submitted to the ceiling provided for in Article L. 52-
11 who received at least 1% of the votes cast is required to establish a campaign account tracing,
by origin, all income received and according to their nature, all expenditures made or incurred in
for election, except those of the official campaign for himself or on his behalf during the period
mentioned in Article L. 52-4 . The same responsibility to the candidate or candidate tops the list
when it has received donations from individuals in accordance with Article L. 52-8 of this Code
as provided in section 200 of the General Tax Code. Shall be deemed made on behalf of the
expenditure incurred directly to the candidate and with the approval of it by individuals who are
supporting him, and by the political parties and groups that were created for him supporting or its
supporters. The candidate believes and includes revenue and expenses, direct or indirect benefits,
service delivery and in-kind donations he received. The campaign account must be in balance or
in surplus and can not have a deficit.

No later than 18 hours before the tenth Friday following the first ballot, each candidate or
leading candidate in the first round this table in the National Campaign Accounts and Political
Funding his campaign account and its annexes together with supporting evidence of its revenue
and invoices, specifications and other documents required to establish the amount of expenses
paid or incurred by a candidate or on his behalf. The campaign account is presented by a member
of the order of accountants and chartered accountants, it puts the campaign account in a state of
review and whether the presence of required supporting documents. This presentation is not
necessary when no expenditure or revenue does not appear in the campaign account. In this case,

Foundation for Democratic Advancement                                                      Page | 39
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
France--2011 FDA Global Electoral Fairness Audit Report
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France--2011 FDA Global Electoral Fairness Audit Report

  • 1. 2011 FDA Global Electoral Fairness Audit of France's Republic Electoral System Executive Summary: France received an overall score of 91.75 percent for electoral fairness. The score means that France's constitutional and legislative basis for democracy is exceptional, innovative, and progressive. Unlike Venezuela which legislates fair political content and complete and balanced electoral coverage, France allows for freedom of political expression in the media, but limits the ownership concentration of media in order to encourage political plurality. Also, France has caps on electoral donations and spending, state party subsidies based on popular support, an impartial state media, a ban on commercial political advertisements, citizen right of reply, freedom of assembly and expression, and democratic party registration requirements. In the candidate and party influence audit section, the FDA auditors found complete electoral fairness. Electoral Fairness Audit Completed September 9, 2011
  • 2. About the Foundation for Democratic Advancement: The Foundation for Democratic Advancement ("FDA")'s mission is to advance fair and transparent democratic processes wherever elections occur. The FDA believes that fairer electoral systems and a more informed public will help ensure the election of candidates who truly represent the will of the people. The FDA fulfills its mission by performing detailed electoral audits on political candidates and parties to inform the public, objectively and impartially, about their electoral choices. Also, the FDA audits electoral legislation in terms of fairness and equity, and conducts ground level assessments of democratic processes. (For more information on the FDA visit: www.democracychange.com) Purpose of Electoral Fairness Audit: The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and ranking for electoral fairness in France at the republic level of government. (This Audit is part of the FDA’s global audit of electoral fairness involving all countries which hold political elections.) This non-partisan, independent determination aims to give the citizens of France an informed, objective perspective of the fairness of the French republic electoral system. The views in this electoral fairness audit are the views of the FDA only. The FDA’s members and volunteers are in no way affiliated with the French Electoral Commission or any of the French registered and non-registered political parties. The Audit is an independent assessment based on objectivity, transparency and non-partisanship. The FDA assumes no responsibility or liability for any errors in the calculation of its audit results or inaccuracies in its research of relevant French legislation. Methodology of the Electoral Fairness Audit: The FDA focuses on four key areas of electoral fairness: 1) Laws and regulations on the political content of media including newspapers, broadcasters and online media before, during, and after elections; 2) Laws and regulations on the equality of candidates’ and parties’ influence before, during and after elections, such as national televised debates, restrictions on candidate nominations, party registration requirements, etc.; 3) Laws and regulations on electoral finance, such as party and campaign donation limits, third party spending limits etc.; and 4) Laws and regulations on the equality of voter say before, during, and after an election. The FDA auditors looked at how French laws and regulations promote equality of voter say in the media, at the polling booth, through electoral finance and constitutional laws etc. Foundation for Democratic Advancement
  • 3. The FDA decided to audit these four areas of electoral fairness because, in our opinion, they are often ignored or overlooked by the international community in determining electoral fairness. Moreover, these four areas cover broad aspects of the electoral process in which fairness could be compromised significantly. The FDA acknowledges that electoral laws and regulations may not necessarily correspond to the implementation of those laws and regulations or the public’s response to them. The implementation and response could be positive or negative, in terms of electoral fairness. Nevertheless, laws and regulations provide the foundation for democracy, framework for the electoral system, and an indication of electoral fairness. Also, a country's constitutional and electoral laws are part of the reality of its democracy. A further study which tracks the actions of mainstream media and the enforcement or non- enforcement of electoral laws and regulation, for example, would provide a more reliable overall determination of electoral fairness. The FDA researched current French legislation, in relation to four areas of electoral fairness being examined. Following which, the FDA audited the research results via the FDA electoral audit team and established FDA scoring scales for the four areas of electoral fairness being audited. Weighting and Scoring: Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and relevancy. Each area of electoral fairness has a score range between 0 and 10, and each area is counted equally. The total averaged score will provide an indication of the electoral fairness in France. The FDA electoral audit team deliberated on the research on each area of electoral fairness, and then attempted to reach consensus on the final score. Where no consensus could be reached, the individual scores of the team were averaged. The final score for each area must be supported by more sound reasons and correspond to the established FDA scoring scale. FDA Researchers: Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA researcher. Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and Masters degree in Environment and Development (University of Cambridge). Foundation for Democratic Advancement
  • 4. FDA Electoral Fairness Audit Team: Chief Electoral Auditor: Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and masters degree in Environment and Development (University of Cambridge). Electoral Auditors: Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA researcher. Mr. Kyle Chisholm, bachelor degree in sociocultural anthropology (University of Alberta) and FDA volunteer. Mr. Antonio Espinoza, bsc in Engineering (San Francisco Xavier de Chuquisaca), MBA in progress (Private Technological University of Santa Cruz), computer science engineer, FDA technical expert and researcher, and Bolivian citizen. Ms. Nicolette Lambert, bachelor honors degree in Political Science and major in Psychology (McGill University) and FDA researcher and writer (FDA intern). Mr. David Faiers, FDA technical and marketing executive, researcher, and fourth year Political Science major (University of Calgary). Mr. Davood Norooi, masters degree in Mining Engineer, former employee of the National Iranian Oil Company, FDA researcher, and Iranian citizen. Mr. Aurangzeb Qureshi, FDA director of marketing, bachelor degree in Political Science (University of Alberta), and bachelor degree in Journalism (University of King's College). Mr. Geoff Thiessan, bachelor degree in English Literature (University of Calgary), former freelance reporter, Surface Land Administrator and FDA researcher and writer. Report Writer: Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and masters degree in Environment and Development (University of Cambridge). Information Sources: The following information was consulted and utilized in this audit report: Act of 29 July 1881 on freedom of the press Act 82-652 of 29 July 1982 on audiovisual communications Act 2000-719 of 1 August 2000 on media freedom Bill on surveys to better ensure the fairness of political debates and electoral. February 21, 2011 Declaration of the Rights of Man and of the Citizen of 1789 Foundation for Democratic Advancement
  • 5. French Constitution of 1958 French Embassy in the United Kingdom French Election Code Freedom of Communication Act No. 86-1067 of 30 September 1986 French Ministry of Foreign and European Affairs Law no. 88-227, of March 11, 1988 on financial transparency in political life. Organic Law 90-55 of January 15, 1990, relating to limits on election expenditures and the reporting of political funding activities The Directorate of Legal and Administrative Information The Law Library of Congress: Campaign Finance, France. © 2011, Foundation for Democratic Advancement All rights reserved. Foundation for Democratic Advancement 728 Northmount Drive NW PO Box 94 Calgary, Alberta, Canada, T2K 1P0 info@democracychange.com Foundation for Democratic Advancement
  • 6. Table of Contents: Political Background on France 8 Chapter 1: Political Content of Media 9 Executive Summary 9 Research Excerpts 9 Score 16 Rational 16 Chapter 2: Candidate and Party Influence 19 Executive Summary 19 Research Excerpts 19 Score 33 Rational 33 Chapter 3: Electoral Finance 36 Executive Summary 36 Research Excerpts 36 Score 43 Rational 43 Chapter 4: Voter Say 45 Executive Summary 45 Research Excerpts 45 Score 50 Rational 50 Chapter 5: Overall Audit Results 52
  • 7. Chapter 6: Analysis 53 Chapter 7: Conclusion 54 Chapter 8: Recommendations 55 Appendix: FDA Global Audit Results 56
  • 8. Political Background on France One could say that it was the French Revolution, and the cultural shock that came with it, that brought France into the modern political period. Since then, France has regularly enjoyed a form of government in which representatives are elected by the people. Granted, the way in which these representatives were elected and the powers that they held have been variable. The first iteration of the National Assembly, which came together in the shadow of the Revolution was intended to be a representative body of the people that would counterbalance the power of the King. Still, the late 18th Century was a turbulent time in French politics, with numerous constitutional reforms and changes to legislative and executive power. This all came to a head in late 1799 when Napoleon Bonaparte came to power. The 30 years of Napoleon's rule, and Louis XVIII who followed him, was a time of a divided and ineffective legislative, and a powerful executive (naturally, with Napoleon and eventually Louis at the helm). The July Revolution in 1830 saw a return to previous ideals. In the few hundred years since the Revolution, France has gone through five constitutional iterations. The most recent is termed the Fifth Republic, which was put in place in 1958. At this point in history, France's political system is identified as a semi-presidential republic, as such it has a mix of presidential and parliamentary systems. On the one hand is the President who is elected directly and takes on the role of the head of state; playing a large role in national and foreign policy, as well as being a representative of the French people. On the other is the Prime Minister, who takes on the role of the head of government. France's parliament is made up of two bodies: the National Assembly (NA), and the Senate. Both of these bodies deal with the examination and passing of laws, but the NA has primacy. The representatives of the NA are voted in directly, while the members of the Senate are voted in indirectly by an electoral college composed of regional, department, and city councillors; mayors; and members of the NA. Sources: http://www.assemblee-nationale.fr/english/synthetic_files/file-01.asp http://www.assemblee-nationale.fr/english/8am.asp Foundation for Democratic Advancement Page | 8
  • 9. Chapter One: Political Content of Media Chapter one will focus on the research and audit results of French laws and regulations with respect to the political content of media, including newspapers, broadcasters and on-line media, before, during and after elections. Executive Summary: France received a score of 82.2 percent for fairness of the media's political content. The score means that France's media laws are significantly more fair than unfair. The FDA audit team failed to reach consensus on the score, due to different perspectives on the French private media's standard of plurality and the French laws on limits to media concentration. However, there are number of areas with clear fairness in the France's media laws such as French state media and broadcasters are required legally to be impartial, the French state bans commercial political advertising three months prior to an election period, and French citizens have the right of reply to defamatory and slanderous media content. Research Excerpts: The following excerpts were identified by the FDA researchers as relevant. The FDA researchers made some excerpts bold to emphasize high relevance: Freedom of Communication Act: Article 1 (Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986) (Act No. 86-1067 of 30 September 1986, Official Journal of 1 October 1986) (Act No. 89-25 of 17 January 1989, Article 1, Official Journal of 18 January 1989) (Act No. 89- 25 of 17 January 1989 Article 1 Official Journal of 18 January 1989) (Act No. 2000-719 of 1 August 2000, Article 28 and 32, Official Journal of 2 August 2000) (Act No. 2000-719 of 1 August 2000, Article 28 and 32, Official Journal of 2 August 2000) Audio-visual communication is free. Audio-visual communication is free. The exercise of this freedom may be limited only, to the extent required, on the one hand, for the respect of human dignity, freedom and property of other people, the pluralistic nature of the expression of ideas and opinions and, on the other hand, for the safeguarding of law and order, for national defence, public service reasons, for technical reasons inherent to the means of communication as well as for the need to develop a national audio-visual production industry. The Conseil supérieur de l'audiovisuel, an independent authority, guarantees the exercise this freedom in accordance with the terms provided for in this Act. The High Audiovisual Council, an independent Authority, guarantees the exercise this freedom in Accordance with the terms Provided for in this Act. It ensures equality of treatment; it guarantees the independence and impartiality of the public radio and television broadcasting sector. It sees to the promotion of the free competition and the creation of non-discriminatory relations between producers and service distributors; it sees to the quality and diversity of programmes, the development of the national Foundation for Democratic Advancement Page | 9
  • 10. audio-visual production and creation as well as to the defence and illustration of the French language and culture. Sees it to the promotion of the free competition and the creation of non- DISCRIMINATORY relations Between Producers and service distributors; Sees it to the quality and diversity of programs, the development of the national audio-visual production and creation as well as to the defense and illustration of the French language and culture. It may put forward proposals to improve the quality of programmes. May it put forward Proposal to Improve the quality of programs. It may send to the producers and distributors of audio-visual communication services recommendations relating to compliance with the principles set forth in this Act. May it send to The Producers and distributors of audio-visual communication services Recommendations Relating to compliance with the Principles set forth in this Act. Said recommendations shall be published in the Official Journal of the French Republic. Article 2 Article 2 Telecommunication is understood as any transmission, emission or reception of signs, signals, documents, pictures, sound or information of any kind by wire, optics, radio electric or other electromagnetic systems. Audio-visual communication is understood as any act of putting at the disposal of the public or parts of the public, by means of a telecommunication process, signs, signals, writing, pictures, sound or any kind of messages which do not have the nature of private correspondence. Article 16 (Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No. 89- 25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) The Higher Audiovisual Council Shall set the rules Regarding the requirements applicable to the production, programming or broadcasting of programs Relating to the Election campaign That national program companies are bound to Produce and program the company and That Provided for in Article 51 of this Act IS bound to broadcast. Provisions set forth in the terms of reference cover the services provided in this respect. The council shall send recommendations for the duration of election campaigns to the operators of audio-visual communication services authorised pursuant to this Act. The council Shall send recommendations for the duration of the Election campaign to operators of audio-visual communication services Authorised pursuer to this Act. Article 19 (Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No. 89- 25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No. 2000-719 of 1 August 2000, Article 30, Official Journal of 2 August 2000) (Act No. 2000-719 of 1 August 2000, Article 30, Official Journal of 2 August 2000) To carry out the assignments Entrusted to it pursuer to this Act, the Higher Audiovisual Council may: Foundation for Democratic Advancement Page | 10
  • 11. 1 Gather, Without Any Additional limitations Other than Those That ensue from the freedom to exercise the activity of the Political Parties and groups Referred to in Article 4 of the Constitution: - from administrative authorities, all information needed to prepare its opinions and decisions ; - from authorities or producers and distributors of audio-visual communication services, all information needed to check the latter's compliance with their obligations ; - - from any physical or legal person that directly or indirectly owns a share equal or superior to 10% of the capital or voting rights at the general meetings of a company that produces or distributes a radio or television broadcasting service whose programmes contribute to providing political and general information, all information on procurement contracts and public service concessions which said individual or entity, or company that it controls submitted an offer to obtain over the last twenty four months. 2° Carry out surveys of the authorities or of services producers and distributors. 2 Carry out surveys of the Authorities or services of Producers and Distributors. The information that the council gathers pursuant to the provisions of this Article may be used only to carry out the assignments entrusted to it pursuant to this Act. Disclosure of said information is prohibited. Article 41-1-1 (inserted by Act No. 2000-719 of 1 August 2000, Article 68, Official Journal of 2 August 2000) To protect pluralism on the national level in digital mode, no authorisation may be issued pursuant to Articles 30-1 or 30-2 to a person who, on account thereof, would be in more than two of the following situations: 1° Be a holder of one or more authorisations for television services broadcast by terrestrial radio link in digital mode that allows servicing of areas whose recorded population stands at four million people; 2° Be a holder of one or more authorisation for radio broadcasting services that allows servicing of areas whose recorded population stands at thirty million people; 3° Be a holder of one or more authorisations to distribute services that allow servicing of areas whose recorded population stands at six million people; 4° Produce or control one or more daily printed publications of political and general information representing more than 20% of the total circulation on the national territory of printed daily publications of the same kind, considered over the last twelve months known prior to the date on which the application for authorisation was submitted. However, an authorisation may be issued to a person who does not satisfy the provisions of this Article, provided that such person conforms with said provisions within a time limit set by the Conseil supérieur de l'audiovisuel and which may not exceed six months. Foundation for Democratic Advancement Page | 11
  • 12. TITLE III THE PUBLIC AUDIO-VISUAL COMMUNICATION SECTOR Article 43-11 (inserted by Act No. 2000-719 of 1 August 2000, Article 3, Official Journal of 2 August 2000) The companies listed in Articles 44 and 45 carry out public service assignments in the public interest. They shall offer the public, taken as a whole, a group of programmes and services which are characterised by their diversity and their pluralism, their requirement of quality and innovation, respect for the rights of the person and of constitutionally defined democratic principles. They shall present a diversified offer of programmes in analogue and digital modes in the areas of information, culture, knowledge, entertainment and sport. They favour democratic debate, exchanges between different parts of the population as well as integration into society and citizenship. They shall promote the French language and highlight cultural and linguistic heritage in its regional and localdiversity. They shall contribute to the development and broadcasting of intellectual and artistic creation and of civic, economic, social, scientific and technical knowledge as well as to audio-visual and media education. Using adapted devices, they shall favour access to their broadcasted programmes by persons who are deaf and hard of hearing. They shall guarantee the integrity, independence and pluralism of information as well as the pluralist expression of currents of thought and opinion in respect for the principle of the equality of treatment and the recommendations of the Conseil supérieur de l'audiovisuel . The institutions of the public audio-visual communication sector, with respect to the performance of their assignment, shall contribute to the external audio-visual action, the influence of the French speaking world and the broadcasting of the French language and culture throughout the world. They shall endeavour to develop new services that may enrich or complete their programme offer as well as the new technologies of production and broadcasting of audio-visual communication programmes and services. A report on the application of the provisions of this Article shall be filed each year in Parliament. Under article 33-1 For the television services whose programmes include political and general information programmes, the agreement shall specify the measures to be implemented to guarantee the pluralistic nature of the expression of currents of thought and opinion as well as the integrity of information and its independence with regard to the economic interests of shareholders, especially when they hold procurement contracts or public service concessions. Foundation for Democratic Advancement Page | 12
  • 13. Article 57 (Act No. 2000-719 of 1 August 2000, Article 87, Official Journal of 2 August 2000) I. I. - The rights of the personnel and the journalists of the institutions referred to in this title may not depend in their opinion, beliefs or trade union or political membership. Hiring, appointment, advancement and transfer shall be taking place without other conditions than the professional capacities required and respect for the public service open to all. II. II. - In the event of a concerted termination of work in the national programme companies or in the companies referred to in the last paragraph of paragraph I of Article 44 or the company referred to in Article 51, continuity of the service shall be assured in the following conditions: - notice of strike must reach the chairman of the institutions referred to in the previous paragraph within a period of five clear days prior to the starting of the strike. It must set the place, date and time of the start as well as the duration, whether limited or not, of the planned strike; - a new notice may be lodged by the same trade union organisation only at the end of the initial notice period and possibly of the strike that followed the latter; - radio and television signals must be created, transmitted and emitted by the services or the personnel of programme companies and the company referred to in Article 51 which are responsible therefor; - a decree in Conseil d'Etat shall define the provisions for application of the above paragraph. In particular, it shall define the services and categories of personnel strictly essential for the performance of said assignment and which the chairmen of the companies in question may call on. III. - Notwithstanding the provisions of paragraph II above, the chairman of each company must take the necessary measures with respect to performance of the services that the number and categories of personnel present permit to be provided. Article 13 (Act No. 89-25 of 17 January 1989, Article 8, Official Journal of 18 January 1989) (Act No. 89- 25 of 17 January 1989, Article 8, Official Journal of 18 January 1989) (Act No. 94-88 of 1 February 1994, Article 6 and 18, Official Journal of 2 February 1994) (Act No. 94-88 of 1 February 1994, Article 6 and 18, Official Journal of 2 February 1994) (Act No. 2000-719 of 1 August 2000, Article 29, Official Journal of 2 August 2000) (Act No. 2000-719 of 1 August 2000, Article 29, Official Journal of 2 August 2000) The High Council of Audiovisual Shall Ensure respect for the term of Pluralistic Thought Currents of opinion and in the programs of the radio and television broadcasting services, in Particular, for Political and general information programs. The Higher Audiovisual Council Shall Provide the chairmen of the National Assembly and the Senate and the leaders of the Various Political Parties Represented in Parliament with a record of the speaking time of the politicians in news programmes, information bulletins, current affairs programmes and other programmes broadcasted. Article 14 Article 14 (Act No. 87-588 of 30 July 1987, Article 98, Official Journal of 31 July 1987) (Act No. 87-588 of 30 July 1987 Article 98 Official Journal of 31 July 1987) Foundation for Democratic Advancement Page | 13
  • 14. (Act No. 88-227 of 11 March 1988, Article 16, Official Journal of 12 March 1988) (Act No. 88- 227 of 11 March 1988, Article 16, Official Journal of 12 March 1988) (Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No. 89-25 of 17 January 1989, Article 29, Official Journal of 18 January 1989) (Act No. 90-55 of 15 January 1990, Article 22, Official Journal of 16 January 1990) (Act No. 90-55 of 15 January 1990, Article 22, Official Journal of 16 January 1990) The Higher Audiovisual Council Shall exercise control, using all means clustering under, over the subject matter, content and programming modes of advertising programs broadcast by all national program companies and by Holders of Authorization Issued by the audio-visual communication services to pursuer this Act. Advertising programmes of a political nature are prohibited. Any violation of the provisions of the above paragraph shall be punished by the penalties provided for in Article L90-1 of the Franchise Act. Any violation of the provisions of the Above paragraph Shall Be punished by the penalties Provided for in Article L90-1 of the Franchise Act. Bill on Surveys: This text aims to ensure greater transparency and more rigorous for all surveys with a political or electoral. The first publication or first dissemination of each of these surveys should in particular be accompanied by the words of the organization which conducted the survey, the survey sponsor, the purchaser if different, the number of respondents and date of completion questions. Data before "recovery" (techniques for pollsters to correct the raw data to reflect an insincere response rate) will also be published and the methods of "recovery" used. People "surveyed" will not receive any gratuity The second round of polls can not be achieved until the actual results of the first round. Control of political polls should be strengthened: pollsters must send to the Commission survey, before publication, data from their studies. The Commission may issue notice must be published along with the survey. It also provides a change in the composition of the Commission survey, an organization created in 1977 to ensure the objectivity of the political polls. It will consist of eleven members appointed for six years: six judges (two from the Court of Auditors, two of the Court of Cassation and two of the State Council) and five experts. Not be members of the Commission "people who see or have seen in the three years preceding their appointment or payment of any nature whatsoever, media or bodies carrying out surveys." Foundation for Democratic Advancement Page | 14
  • 15. French Embassy in the UK: Radio and television channels have the duty to keep the public informed during the electoral campaign and special broadcasts are organized so candidates have the opportunity to express themselves. The principle applicable to these broadcasts is one of equal treatment of the candidates. CSA closely monitors the media to verify that this principle is upheld. Print media In France, the state guarantees the freedom of the press and safeguards the independence of the media by preserving the conditions for diverse opinions and pluralism in the media. The law prevents excessive media concentration by prohibiting any one media group from owning more than 30% of daily newspaper circulation. The Act of 29 July 1881 on freedom of the press provides a framework for press freedom by setting restrictions aimed at striking a balance between freedom of speech, protection of individual rights, and public order. In 1984, the Constitutional Council acknowledged the constitutional value of press freedom and its necessary role in a democracy. PROTECTION OF INDIVIDUAL RIGHTS The law protects minors from written material and illustrations in which they can be identified. It prohibits licentious and violent publications that target minors. · The law punishes slander and defamation “Any offensive expression, contemptuous term or invective, without attribution of a fact, constitutes slander. Any allegation or attribution of a fact that damages the honour or reputation of the person or entity to which the fact is attributed constitutes defamation”. (Article 29, Act of 29 July 1881). PUBLIC ORDER The law punishes: · incitement to commit crimes or offences · justification of war crimes and crimes against humanity · incitement of discrimination, hatred and violence* Act 90-615 of 13 July 1990 or “Gayssot Act” introduced a right to respond for any person who considers that a newspaper or other print medium has damaged his honour on the grounds of his ethnicity, nationality, race or religion. The Gayssot Act sets a punishment of five years’ imprisonment and a €45,000 fine for the public expression of ideas that challenge the existence of the crimes against humanity committed by Nazi Germany during World War II defined in the appendix to the London Agreement of 8 August 1945. Audiovisual media The freedom of the press has also applied to television since Act 82-652 of 29 July 1982 on audiovisual communications, which ended the state monopoly on television. The purpose of the various laws on audiovisual communications is to guarantee media independence and pluralism by establishing rules on to limit media concentration (Arts. 17 and 41-4 of Act 86-1067). Freedom of speech in the audiovisual media must not infringe individual rights. Article 1 of Act 86-1067 of 30 September 1986 on media freedom conditions “the exercise of that freedom… Foundation for Democratic Advancement Page | 15
  • 16. on respect for human dignity, individual rights and private property, on the plural expression of schools of thought and opinion, on the protection of minors, on the preservation of public order and national security and on the standards expected of a public service”. The legislation includes special measures to protect minors, such as the ban on broadcasting programmes for them of a pornographic or violent nature. The guidance for public television channels and the agreements signed by private channels set forth ethical principles of independence and pluralism similar to those defined in the legislation. The Higher Audiovisual Council (www.csa.fr), France’s independent media watchdog, guarantees media freedom. It is not empowered either to impose or to prevent the airing of a programme, but supervises programme compliance with the law and channel guidance after it is broadcast. The CSA pays special attention to programmes for young audiences and to ensuring that the same amount of broadcast time is allocated to political parties and candidates during electoral periods. Act 2000-719 of 1 August 2000 on media freedom amends and expands the 1986 Act by increasing the diversity of the audiovisual offering, chiefly through provisions on the introduction of digital terrestrial television and the establishment of local television stations. Electoral Fairness Audit Results for Media and Broadcasters: Score: After an hour of deliberation, the FDA electoral fairness audit team could not reach consensus on a score. The following scores were averaged with each score having equal weight: 7/10 9/10 8/10 9/10 8/10 8/10 8/10 8/10 9/10 74/90 (82.2 percent) Total score: 8.2/10 Rational for Score: Public TV and radio are required legally to be independent and impartial, and provide equality of treatment. Private media and broadcasters are required legally to provide electoral and general information to the public within a pluralistic framework. To ensure plurality, the state applies the following Foundation for Democratic Advancement Page | 16
  • 17. regulations in which media authorization will be denied if more than two of the situations occur: 1° Be a holder of one or more authorisations for television services broadcast by terrestrial radio link that allows servicing of areas whose recorded population stands at four million people; 2° Be a holder of one or more authorisation for radio broadcasting services that allows servicing of areas whose recorded population stands at thirty million people; 3° Be a holder of one or more authorisations for the operation of networks that distribute radio and television broadcasting services by cable that allow servicing of areas whose recorded population stands at six million people; 4° Produce or control one or more daily printed publications of political and general information representing more than 20% of the total circulation on the national territory of printed daily publications of the same kind, considered over the last twelve months known prior to the date on which the application for authorisation was submitted. However, an authorisation may be issued to a person who does not satisfy the provisions of this Article, provided that such person conforms with said provisions within a time limit set by the Conseil supérieur de l'audiovisuel and which may not exceed six months. Also, private media and broadcasters are required legally to provide integral information and be independent especially under public contract. The Higher Audiovisual Council regulates the chairmen of the National Assembly and the Senate and the leaders of the Various Political Parties Represented in Parliament with a record of the speaking time of the politicians in news programmes, information bulletins, current affairs programmes and other programmes broadcasted. Within 3 months of an election, the state prohibits broadcast advertising programs of a political nature. The state regulates the public dissemination of surveys/polls: data correction techniques and methods for data recovery; survey/poll background information must be published; no public gratuity for survey information; polls reviewed by the Commission survey prior to public release. Private TV and radio has a legal duty to inform the public about electoral information, and also provide special broadcast times to political candidates with equal treatment—same amount of broadcast times during electoral periods. CSA monitors closely the principle of equal treatment. Private print media has freedom of expression within the context of individual rights and democracy. The state encourages a diversity of opinions and pluralism. To attain diversity and plurality, the state controls media concentration: no one media group can own more than 30% of the daily national newspaper circulation. French citizens have legal protection against defamation and slander. French citizens have the legal right to respond against print media. Right to respond is limited to slander and defamation based on ethnicity, nationality, race, and religion. Foundation for Democratic Advancement Page | 17
  • 18. France's 82.2 percent score for fairness of the media's political content is reflective of a number areas of fairness in French electoral and media legislation such as the impartiality of the state media and broadcasters, ban on commercial political advertising three months prior to an election period, and citizen right of reply to defamatory and slanderous media content. FDA auditors' deducted 17.8 percent from France's score on grounds of ambiguity and potential abuse of the pluralistic standard for French private media and broadcasters. Also, France's media concentration laws (such as the maximum of 30% ownership of national newspaper circulation) would still allow, for example, four major media companies including the state media, to dominate electoral print media discourse. Foundation for Democratic Advancement Page | 18
  • 19. Chapter Two: Candidates’ and Parties’ Influence Chapter two will focus on the research and audit results of French laws and regulations with respect to the equality of candidates and parties’ influence before, during and after elections. Executive Summary: France received a score of 100 percent for candidate and party electoral influence. The score means that France's laws and regulations for candidate and party influence are completely fair. After significant discussion, FDA auditors could find no element of unfairness in France's laws and regulations on candidate and party influence. Also, Mr. Garvey, the Chief Electoral Auditor overruled two auditors who gave lower scores, because they could not identify any unfairness in the French legislation. The scores were increased from 7 and 9 to 10. Notable aspects of the French legislation are the ban commercial political advertising 3 months prior to an election period, party registration based on having the support of at least 15 MPs, public airtime based on popular support, and special coverage in private media and broadcasters based on equal treatment of all registered political parties. Research Excerpts: The following excerpts were identified by the FDA researchers as relevant. The FDA researchers made some excerpts bold to emphasize high relevance: Election Code: Article L48-2 Created by Law n ° 2011-412 of April 14, 2011 - art. 3 It is forbidden for any candidate to bring to public attention a new element of controversy election at a time as his opponents do not have the opportunity to respond effectively before the end of the campaign. Amended by Act No. 2004-575 of June 21, 2004 - art. 2 Official Journal of 22 June 2004 If a general election, any election result, partial or final, can not be made public through the press or by any means of communication to the public electronically, on the mainland before the close of the last office Voting on the mainland. It is the same in the overseas departments before the close of the last polling station in each of the departments concerned. Amended by Decree No. 2006-1244 of 11 October 2006 - art. 5 Official Journal of 13 October 2006 The campaign is open from the second Monday preceding the election date and ends on the eve of the vote at midnight. If the second round, the election is open the day after the first round and ends the day before polling at midnight. Article R27 Amended by Decree No. 2006-1244 of 11 October 2006 - art. 5 Official Journal of 13 October 2006 Posters and flyers with a goal or a character election which include a combination of three Foundation for Democratic Advancement Page | 19
  • 20. colors: blue, red and white with the exception of the reproduction of the emblem of a political party or group is prohibited. Posters must have a maximum width of 594 mm and a maximum height of 841 mm. Article R28 Amended by Decree No. 2007-1670 of 26 November 2007 - art. 3 Official Journal of 28 November 2007 The maximum number of spaces reserved for displaying election pursuant to Article L. 51, apart from those established next to the polling stations shall be: - In five municipalities with less than 500 voters; - Ten in the other, plus by 3000 electors or fraction greater than 2000 in the municipalities with more than 5000 voters. For elections where the candidate is subject to the mandatory filing of a statement, the locations are assigned by drawing of lots by the authority receiving the applications. Constitution of October 4, 1958: Amended by Organic Law No. 2011-410 of April 14, 2011 - art. 22 Ordinance No. 58-1064 of 7 November 1958 Organic Act on Election of President of the Republic is replaced by the following provisions with organic value. I. Fifteen days before the first open ballot for the election of the President of the Republic, the Government shall publish the list of candidates. This list is previously established by the Constitutional Council on the basis of presentations made to it by at least five hundred citizens, members of parliament, regional councils, the Assembly of Corsica, the departments of general advice, Mayotte, territorial councils Saint- Barthélemy, Saint Martin and Saint Pierre and Miquelon, the Council of Paris, the Assembly of French Polynesia, the congress and provincial assemblies of New Caledonia, the meeting Territorial Wallis and Futuna, mayors, mayors of municipalities associated delegates, mayors of the districts of Lyon and Marseille or elected members of the Assembly of French Citizens Abroad. The presidents of the legislative bodies of the urban communities, urban communities, the presidents of local communities, the president of French Polynesia, President of the Government of New Caledonia and French nationals MEPs elected in France may Also, under the same conditions, a candidate for president. Submissions must be received by the Constitutional Council no later than the sixth Friday before the first ballot in eighteen hours. Upon to apply the provisions of the fifth paragraph of Article 7 of the Constitution, they must be received no later than the third Tuesday before the first ballot in eighteen hours. An application can not be accepted if, among the signatories of the presentation include elected at least thirty departments or communities overseas, without more than a tenth of them can be elected to same department or even a community overseas. For the purposes of the provisions of the preceding paragraph, the senators representing French outside France and the elected members of the Assembly of French Expatriates are deemed to be elected from the same department. For the purposes of the same provisions, the deputies and senators elected in New Caledonia and members of provincial assemblies of New Caledonia are deemed to be elected from the same department overseas or even community from overseas. For the purposes of the same provisions, French nationals of MEPs elected in France are deemed to Foundation for Democratic Advancement Page | 20
  • 21. be elected from the same department. For the same purpose, the chairs of legislative bodies of the urban communities, urban communities or communities of municipalities are deemed to be elected officials of the department belongs to the municipality in which they are delegates. For the same purpose, the Regional Advisers are deemed to be elected county departments corresponding to the sections referred to by Article L. 338-1 of the Electoral Code. For the same purpose, advisers to the Corsican Assembly shall be deemed elected officials of the departments between which they are distributed pursuant to the provisions of articles L. 293-1 and L. 293-2 of the Code. The Constitutional Council shall ensure that the consent of the individuals who presented, on pain of nullity of their application, must submit, under seal, a statement of their financial situation in accordance with the provisions of Article 135-1 LO of the Electoral Code and commitment, if elected, to place two months earlier and one month later than the expiration of the term or, in case of resignation, within one month thereafter, a new declaration in accordance with these provisions will be published in the Official Journal of the French Republic within eight days of its filing. The name and quality of citizens who proposed the candidates listed are published by the Constitutional Council at least eight days before the first ballot, in the limit of the number required for the validity of the application. V. A decree in Conseil d'Etat shall define the modalities of application of these provisions organic determines in particular the conditions of participation of state spending for propaganda. When publishing the list of candidates in the first round, the state pays each of them a sum of 153,000 euros as an advance on the reimbursement sum of their campaign expenses under paragraph below. If the refund amount is less than this amount, the excess is subject to a repayment. An amount equal to the twentieth of the amount of campaign spending limits applicable to them is paid, as a lump sum to each candidate, that amount is increased to half of that limit for each candidate with more than 5 per 100 of total votes cast in the first round. Can not exceed the amount of expenditure of the candidate traced in his campaign account. The total or partial reimbursement of expenses tracked in the campaign account is only possible after final approval of the account. The repayment sum is not paid to applicants who do not comply with the requirements of the second paragraph of this Article II, who have not filed their campaign accounts within the period specified in the second paragraph of Article L. 52-12 of the Election Code or whose campaign account is rejected for other reasons. In cases where irregularities do not lead to rejection of the day, the decision on the latter may reduce the amount of reimbursement based on the number and severity of these irregularities. I. – RULES FOR THE SETTING-UP OF POLITICAL GROUPS The Rules of Procedure of the National Assembly state that “M.P.s may form groups according to their political affinities”. Foundation for Democratic Advancement Page | 21
  • 22. To be created, a group must meet two conditions: - It must bring together a minimum number of M.P.s. This number has been changed from twenty to fifteen in the National Assembly with the reform of the Rules of Procedure on May 27, 2009; - It must transmit to the President's office a political statement signed by its members and put forward by the chairman they have chosen. An M.P. may only be a member of one political group. It is also possible, with the authorization of the Bureau of a group, to be a part of that group, not as a fully-fledged member but as an associated member. The associated members are not included in the minimum number necessary for the setting-up of a group but they are included in the group numbers concerning all other aspects of parliamentary life. It is not mandatory to be a member of a group or to be associated to a group. M.P.s who are in such a position are named on the list of Members of Parliament as ‘belonging to no group’ and are usually referred to as ‘non-enrolled’. Changes may occur after the initial setting-up of a group. In the case of new membership or enrolment, the double signature of the chairman and the M.P. in question are required whilst in the case of resignation or expulsion only the signature of one or the other is necessary. The Rules of Procedure also state that no group which presents itself as a group representing private, local or professional interests or which forces its members to accept a binding vote, can be created. Official Journal of 16 January 1990 in force on 1 September 1990 No form of commercial advertising may be implemented for electoral purposes in favor of a candidate or a list of candidates without the express consent of the candidate, the head of the list or their duly qualified. Election Code: Article L48-1 Learn more about this article ... Created by Law n ° 2011-412 of April 14, 2011 - art. 2 2 The prohibitions and restrictions of this Code for election propaganda shall apply to any message in the nature of electoral propaganda disseminated by any means of communication to the public electronically. Article L48-2 Learn more about this article ... Created by Law n ° 2011-412 of April 14, 2011 - art. 3 3 It is forbidden for any candidate to bring to public attention a new element of controversy election at a time as his opponents do not have the opportunity to respond effectively before the end of the campaign. Article L49 Learn more about this article ... Foundation for Democratic Advancement Page | 22
  • 23. Amended by Law n ° 2011-412 of April 14, 2011 - art. 4 4 From the eve of the vote at midnight, you may not distribute or circulate newsletters, circulars and other documents. From the eve of the vote at midnight, it is also illegal to distribute or to distribute by any means of communication to the public electronically any message in the nature of electioneering. Article L49-1 Learn more about this article ... Created by Law n ° 2011-412 of April 14, 2011 - art. 5 5 From the eve of the vote at midnight, it is forbidden, by an automated system or not, the phone call mass of voters to encourage them to vote for a candidate. Article L50 Learn more about this article ... It is forbidden for any officer of public authority or municipality to distribute ballots, creeds and circular candidates. Article L51 Amended by Law n ° 2011-412 of April 14, 2011 - art. 6 6 Amended by Law n ° 2011-412 of April 14, 2011 - art. 7 7 For the duration of the election period, in each municipality, special places are reserved by the municipal authority for the application of election posters. In each of these locations, an equal area is allocated to each candidate or each candidate list. During the six months preceding the first day of an election until the date of the ballot where it is acquired, any posting on the election, even posters stamped, is prohibited outside of this location or the location reserved for other candidates, as well as outside billboards for free expression where they exist. Article L52 If the mayor refuses or neglects to comply with the requirements of the preceding article and the regulations made for their execution, the warden must ensure immediate compliance by itself or by a delegate. Article L52-1 Amended by Law n ° 2011-412 of April 14, 2011 - art. 6 6 During the six months preceding the first day of an election until the date of the ballot where it is acquired, the use for purposes of electoral propaganda of any means of commercial advertising by way of the press or by means of audiovisual communication is prohibited. On the first day of the sixth month preceding the month in which service is to be a general election, no advertising campaign achievements or management of a community can be organized on the territory of communities interested in election. Notwithstanding the provisions of this chapter, this prohibition does not apply to the presentation by a candidate or on its behalf in connection with the organization of his campaign, balance sheet management mandates held or he has held. The costs are subject to the provisions relating to funding and election spending limits contained in Chapter V bis of this title. Foundation for Democratic Advancement Page | 23
  • 24. NOTE: Act 2001-2 2001-01-03 art. 23 II ; 23 II The provisions of the last two sentences of the second paragraph are of an interpretative nature. Article L52-2 Learn more about this article ... Amended by Act No. 2004-575 of June 21, 2004 - art. French Embassy in the United Kingdom: POLITICAL PARTY FUNDING IN FRANCE 4 April 2006 Since 1988, several Acts have been passed to provide a legal framework for financing political parties in France. The aim has been fourfold: to ensure that the bulk of the funding comes from the public purse, increase the transparency of the parties’ accounts (Acts of 11 March 1988 and 15 January 1990), prohibit donations from businesses (Act of 19 January 1995) and limit campaign spending. Political parties in France are today funded in two ways: by donations from individuals and by taxpayers. 1. Ceiling on individual donations; business donations prohibited The policy is to encourage people to become paid-up members of political parties, with a tax rebate on their subscriptions. Individual donations are capped at €7,500 (€4,600 during election campaigns). Donations to political parties enjoy the same tax rebate as subscriptions to political parties. Donations of more than €150 must be made by cheque and a receipt issued. Despite the tax incentive, contributions by individuals have traditionally remained limited. To varying degrees, parties impose levies on those of their members who occupy an elected office. These levies generally exceed donations from individuals. (Parties can have other sources of private income, but these are severely limited by increasingly restrictive legislation: income from commercial and/or industrial activities, legacies.) Since the Act of 19 January 1995, businesses have no longer been allowed to fund political parties (article 16) or contribute to the election campaigns of one or more candidates through direct or indirect donations (article 4). 2. Public purse the main source of money. Annual two-part political party funding system Only parties which have presented candidates in at least 50 constituencies and obtained at least 1% of the votes cast in the previous general election are eligible for money under this two-part system: a) An initial part is shared between these parties in proportion to the number of votes each received in the previous general election (Act of 20 January 1993). b)A second part is shared between these parties in proportion to the number of elected representatives each has in the two parliamentary assemblies. Members of the National Assembly and Senate must join a political "group" in Parliament for their party to receive this second part of the aid. Foundation for Democratic Advancement Page | 24
  • 25. Moreover, under the June 2000 Act on gender parity, if a party fails to comply with the requirement for parity, its State funding is reduced. A political party which has emerged since the previous general election is eligible for a lump sum contribution from the public purse (Act of 19 January 1995), provided it has received, in a twelve-month period, donations from at least 10,000 people (including a minimum of 500 elected representatives) totalling at least €150,000. The State also grants political parties other facilities which can be regarded as indirect funding: outside election campaign periods (special rules apply during campaigns), political Groups in the National Assembly or Senate have the right to a certain amount of air time, allowing them to broadcast on public radio stations and television channels: similarly, the State grants political parties some tax rebates (reduced rate corporation tax) on some of their own income (from renting out their buildings and undeveloped sites, for example). Finally, after an election the State reimburses a proportion of a party’s campaign expenses according to the percentage of the total votes cast it has obtained. In 2004, France had around 230 registered political parties. Six of them received 90% of the public funding: Union pour un Mouvement Populaire (UMP), Parti Socialiste (PS), Front National (FN), Union pour la Démocratie Française (UDF), Parti Communiste français (PCF), Verts (Green Party). In 2003, the French State paid €73 million to 66 political parties and groups, including 34 in Overseas France. The UMP (526 National Assembly deputies) initially received the most aid with €33.4 million, but this was cut by almost €4 million for failure to comply with the Act on parity; the PS (235 deputies elected) received €19.6 million; the FN (no deputies elected) €4.6 million; the UDF (61 deputies elected) €4.3 million; the PCF (41 deputies elected) €3.7 million. The same amount of money is scheduled to be allocated in 2006, €33 million for the "initial part" and €40 million for the "second part" (Order 2006-86 of 30 January 2006). 3. Transparency increased a)Control and publication of parties’ accounts: a National Campaign Accounts and Political Funding Commission (CNCCFP - Commission Nationale des Comptes de Campagne et des Financements politiques) was established by the Act of 15 January 1990. To obtain public funding, parties must keep accounts, get them audited by two auditors and submit them to the CNCCFP, which scrutinizes them and publishes them in the Journal Officiel (www.cnccfp.fr). b)Transparency of elected representatives’ personal wealth: on their election and at the end of their term of office, all members of the government, deputies, MEPs and local elected representatives must submit to the Commission for Transparency in Politics a sworn statement giving details of all their property. This Commission checks that they have not gained financial or other material benefits for themselves as a result of their political mandate/public office (Act of 11 March 1988). (www.commission-transparence.fr). 4. Expenditure limited: To level the playing field for candidates, a ceiling has been imposed on their spending. Foundation for Democratic Advancement Page | 25
  • 26. In European elections, the ceiling is €1.15 million per party. In the 2007 presidential election, it will be €15.5 million per candidate and €20.7 million for the 2 candidates in the second round. In general elections, the spending limit is €38,000 plus €0.15 per constituency resident (article L52- 11 of the Electoral Code). A specific percentage is added to this amount, set in 2000, to allow for the increase in the cost of living (18% under the Order of 31 August 2005). In municipal elections, the ceiling depends on the size of the commune (municipality). Political advertising on commercial hoardings is banned for the three months preceding the election. French Ministry of Foreign and European Affairs: Presidential elections Under the Fifth Republic and since the constitutional revision of 6 November 1962 approved by the referendum of 28 October 1962, the President of the Republic has been elected by direct universal suffrage. The referendum of 24 September 2000 put an end to the principle of a seven-year term instituted under the Third Republic. The presidential term is now five years, renewable. The polling method used in presidential elections is the "scrutin uninominal majoritaire à deux tours", literally a two-round single name first-past-the-post poll. However, a candidate may in fact be elected in the first round if s/he obtains an absolute majority of the votes cast. If no candidate achieves this in the first round, a second round takes place two weeks later. Since the person elected has to obtain the majority of votes cast, as provided by the Constitution (article 7), only two candidates may go forward to this second round: the two highest-scoring candidates in the first round. A candidate is eligible only if s/he is sponsored by at least 500 citizens holding elective office as defined by the institutional Act. The candidature is accepted only if the 500 sponsors include elected representatives from at least 30 French-administered territories outside Europe, no more than 10% of whom may be from just one of them. The Constitutional Council publishes the names and offices of the signatories. Since the institutional Act of 11 March 1988 relating to the financial transparency of political life, candidates have had to submit to the Constitutional Council a declaration of their estate and an undertaking to file a new declaration at the end of their term of office. After the election, the Constitutional Council publishes only the elected candidate’s declaration. After checking all the admissibility requirements, the Constitutional Council draws up the list of candidates. Foundation for Democratic Advancement Page | 26
  • 27. Law no. 88-227, of March 11, 1988 on financial transparency in political life: Article 9 - Modified by the Order no. 2009-536, of May 14, 2009 - art. 15 The first fraction of the aids established in article 8 is allocated: - either to the political parties and bodies having presented, on the occasion of the most recent renewal of the National Assembly, candidates that each have obtained at least 1 % of the votes cast in at least fifty constituencies; - or to the political parties and bodies having presented candidates, on the occasion of the most recent renewal of the National Assembly only in one or more overseas departments, or in Saint-Pierre-et-Miquelon, Saint-Barthélemy, Saint-Martin, Mayotte, New Caledonia, French Polynesia or the islands Wallis and Futuna, and whose candidates have obtained at least 1 % of the votes cast in all the constituencies where they appeared. The distribution is performed proportionately to the number of votes obtained in the first tour of elections by each of the respective parties and bodies. The votes obtained by the candidates declared ineligible pursuant to article L.O. haven't been taken into account. 128 of the electoral code. For the distribution stipulated in the previous paragraphs, the candidates running for Member of Parliament (deputy) indicate, where appropriate, in their candidature statement, the political party or body they join. This party or body may be chosen from a list established by decision of the Minister of the Interior published by the Official Journal of the French Republic no later than the fifth Friday prior to the polling day, or outside this list. The list comprises the group of political parties or bodies having submitted to the ministry of the interior, no later than the sixth Friday prior to the polling day, at sixteen hours, a request with the object of benefiting from the first fraction of the aids established in article 8. The second fraction of these aids is allocated to the political parties and bodies which are beneficiaries of the first fraction, set below proportionally to the number of members of Parliament having declared to the bureau of their assembly, during the month of November, that they were registered or had joined the said party or body. Each Member of Parliament may indicate only one political party or body for the application of the previous paragraph. No later that December 31 of the present year, the National Assembly bureau and the Senate bureau communicate to the Prime-Minister the distribution of the member of Parliament among political parties and bodies, as it results from the declarations of the members of Parliament. The amount of the aids allocated to each party or body is identified in a reported attached to the financial bill of the year. Article 9-1 · Modified by the LAW no. 2009-526, of May 12, 2009 - art. 80 Foundation for Democratic Advancement Page | 27
  • 28. In case, for a political party or body, the difference between the number of candidates of each sex having declared to join this party or body, on the occasion of the last general renewal of the National Assembly, according to the fifth paragraph of article 9, exceeds 2 % of the total number of these candidates, the amount of the first fraction allocated to it for the application of articles 8 and 9 is diminished by a percentage equal to three quarters of this difference proportional to the total number of these candidates. This reduction is not applicable to the political parties and bodies having presented exclusively overseas candidates if the difference between the number of candidates of each sex who have joined it is not superior by one. [Provisions declared non compliant to the Constitution by decision of the Constitutional Council n° 2000-429 DC, of May 30, 2000 Campaigning for the French presidency is highly regulated. Below are the main rules governing campaign spending for the 12 presidential candidates during the run-up to the April 22 and May 6 polls. - Campaign spending is limited to 15.5 million euros ($20.7 million), per candidate, while a total of 20.7 million euros is allowed for the two candidates who make it through to the second round of elections. - All campaign donations and expenses made during the year prior to the vote must be declared and submitted for a post-election audit. - The state reimburses parties for most of their expenses, unless they violate financing rules, in which case repayment is withheld as a penalty. - In theory, candidates may amass war chests, but the spending cap means that it offers little advantage to the bigger parties. - Electoral law prohibits all donations from businesses or fundraising associations. - Individuals may donate up to 4,600 euros to a candidate's campaign. - Pamphlets and posters are allowed in designated areas, such as large road junctions, schools and municipal buildings, but political advertising on commercial ad space -- by candidates or their supporters -- is banned. - Candidates, parties, and their supporters are banned from purchasing television or radio airtime. - The main television and radio stations must give candidates equal coverage in news broadcasts. They must also allocate equal amounts of airtime for a limited number of campaign broadcasts which are free of charge. Source: Constitutional Council ($1=.7582 Euro) French Embassy in the United Kingdom : All forms of paid commercial advertisements through the press or by any audiovisual means are prohibited during the three months preceding the election. Instead, political advertisements are aired free of charge on an equal basis for all of the candidates on national television channels and radio stations during the official campaign. The President is elected for a five-year renewable term. An absolute majority of the votes cast is required for election on the first ballot. If no candidate receives a majority in the first ballot, a second round of balloting is held two weeks later. Only the top two, first-round candidates who Foundation for Democratic Advancement Page | 28
  • 29. choose to remain in the running are eligible for the second balloting. Presidential elections must be held not less than twenty days and not more than thirty-five days before the expiration of the term of the President then in office. France’s most recent presidential election took place in April and May of 2007. The National Assembly has 577 députés elected for a five-year term. Candidates winning 50 percent or more of the vote in their constituencies are elected on the first ballot. If no candidate received a majority, candidates winning less than 12.5 percent are eliminated and the other candidates go on to a second round of voting. The candidate who receives the most votes is elected. The last National Assembly election took place on June 10 and 17 of 2007. If a general election, any election result, partial or final, can not be made public through the press or by any means of communication to the public electronically, on the mainland before the close of the last office Voting on the mainland. It is the same in the overseas departments before the close of the last polling station in each of the departments concerned. The Electoral Code provides that “the electoral campaign is officially opened the second Monday that precedes the first round of balloting.” Ballots are always held on a Sunday. If a second ballot is necessary, the campaign re-opens the next day for a week. The dates of elections are set forth by decree. In the 2007 presidential election, for example, the decree provided that the first ballot would take place on April 22, 2007, and, if necessary, the second ballot would occur on May 6, 2007. The campaign officially started on April 9, 2007. In the case of the election to the National Assembly, however, the official campaign opens twenty days before the date of the first ballot. There are several additional important dates during the preparation of an election. Contributions by physical persons to one or more candidates for a specific election are authorized only “during the year preceding the first day of the election and until the date of the ballot when the election is completed.” They must be collected through an authorized financial representative appointed by the candidate, never paid directly to the candidate himself. In addition, three months before the ballot, which date is set forth by decree, the following are prohibited: • All forms of paid commercial advertisements through the press or by any audiovisual means; • Affixing electoral posters or other campaign material in locations and spaces other than those officially assigned to each candidate by the local authorities; and • For the candidates, providing toll-free telephone numbers and computer databases to the public. B. Corporate, Union, and Other Advocacy Group Contributions No legal entity is allowed to participate in financing a political candidate unless the legal entity is a political party or a political group. Financing is not allowed in any form whether direct, e.g., by donating money, or indirect, e.g., by rendering services or granting favors or advantages to a Foundation for Democratic Advancement Page | 29
  • 30. candidate’s political campaign by providing services and products below regular market fees or prices. Nor is a legal entity allowed to finance political parties or political groups. Financing is not allowed in any form whether direct, e.g., by donating money or properties, or indirect, e.g., by rendering services, providing products below regular market fees or prices, or granting favors or advantages to political parties, groups, their financial representatives, or associations. The intent of Parliament was to cut any link between the economic world and the political world. To compensate for this loss of funding, it sensibly increased public funding. C. Foreign Contributions Foreign states or foreign legal entities cannot make direct or indirect donations to a political candidate. No restriction is mentioned regarding foreign physical persons, and there is no provision regarding the requirement to raise all or the majority of funds within a candidate’s home constituency. Political parties also are prohibited from receiving contributions from foreign states or foreign legal entities. D. Candidate’s Own Contribution There is no limit to the amount a candidate may contribute to his own campaign other than the general ceilings on campaign expenditures; however, proof that the funds legitimately belong to the candidate must be provided. E. Political Party Contributions There is no limit to the amount a political party may wish to contribute to the campaign of one of its candidates other than the general ceilings on campaign expenditures. Ceilings on Campaign Expenditures France has placed ceilings on campaign expenditures. The ceiling on expenditures for the 2007 presidential campaign for each presidential candidate was €16,166,000.00 for the first ballot, and €21,594,000.00 for each of the two candidates present at the second ballot. The 2007 campaign account of President Nicolas Sarkozy shows that his expenditures were €21,038,893.00, while the total expenditures of his opponent, Segolène Royal, were €20,712, 043.00. As for the election of the députés, the ceiling is composed of a fixed base (€38,000 per candidate), and an additional amount depending on the population of each electoral district (€.0.15 for each resident) multiplied by a revalorization coefficient of 1.18. For example, the ceiling in an electoral district of 107,425 residents would be calculated as follows: €38,000 + (€0.15 x 107 425) x 1.18 = € 63,854. Ceilings are reviewed every three years. Ceilings may come into conflict with Article 10 of the European Convention on Human Rights, which proclaims the right to freedom of expression. The European Court of Human Rights held in Bowman v. The United Kingdom that imposing on independent third parties a £5 ceiling on publications for the purpose of supporting a candidate’s election campaign was a disproportionate interference with the applicant’s freedom of expression. The case arose after Mrs. Bowman, the executive director of the Society for the Protection of the Unborn Child, was prosecuted for arranging the distribution of one and a half million leaflets Foundation for Democratic Advancement Page | 30
  • 31. across the United Kingdom before the parliamentary elections in April 1992. The leaflets compared the record on abortion of the candidates and clearly exceeded the £5 limit. The Court found that the £5 limit operated “as a total barrier to Mrs. Bowman’s publishing information with a view to influencing the voters in favor of an anti-abortion candidate.” The Court further stated that: It [the court] is not satisfied that it was necessary thus to limit her expenditure to GPB 5 in order to achieve the legitimate aim of securing equality between candidates, particularly in view of the fact that there were no restrictions placed upon the freedom of the press to support or oppose the election of any particular candidate or upon political parties and their supporters to advertise at national or regional level, provided that such advertisements were not intended to promote or prejudice the electoral prospects of any particular candidate in any particular constituency. It concluded that the restriction in question was disproportionate to the aim pursued. No case against France on similar issues and based on Article 10 of the European Convention on Human Rights could be located. As for a challenge to the ceilings based on the constitutional principle of freedom of expression, the French courts historically have stayed away from challenging the constitutionality of laws. The review of the constitutionality of laws is solely entrusted to the Constitutional Council, which expresses an opinion on the validity of a measure before it is promulgated. A provision declared unconstitutional cannot be promulgated and therefore cannot take effect. As a general rule, all forms of paid commercial advertisement through the press or by any audiovisual means during the three months preceding an election are prohibited. The state provides free access to public radio and television for political advertisement for a certain amount of time during the official election campaigns. Each presidential candidate is entitled to an equal amount of time for public television and radio broadcast advertisement during the official campaign. The total minimum air time set forth by law is fifteen minutes per television channel and radio station for each candidate on the first ballot and one hour on the second ballot. The High Council on Audiovisual (Conseil supérieur de l’audiovisuel, hereafter CSA), an independent administrative authority, approves the actual amount of time of advertisement in cooperation with the candidates. During the 2007 presidential election, CSA approved forty-five minutes of advertisement per channel and station for each candidate for the first ballot and sixty minutes for the second ballot. CSA also established with the candidates the duration, format, and numbers of advertisements to be run within the time limits set forth above. In the National Assembly election, political parties or groups may use public radio and television for 3½ hours for the first ballot, and 12 hours for the second ballot. The 3½-hour and 12-hour periods are divided into two equal parts, one being used by parties belonging to the majority and the other by opposition parties. The time used by each party within their general time slot is decided by the presidents of the parties. If no agreement between the presidents can be reached, the time will be divided by the bureau in charge of the general management of the outgoing National Assembly. Foundation for Democratic Advancement Page | 31
  • 32. Groups and parties that are not represented at the National Assembly have seven minutes for the first ballot and five minutes for the second, provided that they have at least seventy-five candidates running in the election. C. Penalties for Irregularities When a candidate exceeds the ceiling on expenditures, the CNCCFP determines a sum equal to the amount in excess that the candidate must pay to the Public Treasury. In addition, a fine of €3,750 and/or imprisonment for up to a year may be imposed on a candidate who does not respect the following provisions: • Requirements regarding the handling of all financial matters through an authorized financial representative; • Prohibitions on paid commercial advertisements through the press or by any audiovisual means and on providing toll-free telephone numbers and computer databases to the public three months before the ballot; • Limitations on the ceilings for donations; or • Requirements concerning the ceiling on campaign expenditures. Finally, the same penalties will apply to anyone who contributes to the financing of election campaigns in violation of the limit set by the law or manages the campaign funds for a candidate in violation of conditions provided for by the law. Article L167-1 Amended by Order No. 2003-1165 of December 8, 2003 - art. Official Journal of 16 December 9, 2003 I. - The parties and groups can use the antennae of public service broadcasting for their campaign for parliamentary elections. Each program is broadcast by the national television and radio broadcasting. II. - For the first ballot, a transmission time of three hours is available to the parties and groups represented by the parliamentary groups of the National Assembly. It is divided into two equal parts, one being assigned to groups that belong to the majority, the other for those who do not belong. The time allocated to each group or party in each of these series of programs is determined by agreement between the presidents of the groups. Failing agreement, the distribution is determined by the members making up the office of the outgoing National Assembly, taking into particular account the relative importance of these groups for these discussions, the office is completed by the group chairmen . Emissions before the second round have a duration of half past one: they are divided between the same parties and groups and in the same proportions. III. - Any political party or group that is not represented by the parliamentary groups of the National Assembly has access, on request, to public service broadcasts of audiovisual communication for a period of seven minutes in the first round and five minutes the Foundation for Democratic Advancement Page | 32
  • 33. second, when at least seventy-five candidates said in their nomination paper, attach it to the application of the procedure under the second paragraph of Article 9 of Law No. 88 - 277 of 11 March 1988 on financial transparency of political life. The authorization is given to those parties or groups under conditions to be fixed by decree. IV. - The conditions of production, programming and broadcasts are set after consultation with the boards of domestic companies and television broadcasting, the Higher Audiovisual Council V. - With regard to broadcasts intended for reception outside France, the Higher Audiovisual Council takes into account the delivery time and time differences. Electoral Fairness Audit Results for Equality of Candidates and Parties: Score: The FDA electoral fairness audit team reached consensus on a score of 10/10. (Mr. Garvey, the Chief Electoral Auditor overruled two auditors who gave lower scores, because they could not identify any unfairness in the French legislation. The scores were increased from 7 and 9 to 10.) Rational for Score: The system is run-off voting. If no candidate gets an absolute majority in the first round, a second round takes place where the two highest scoring candidates are voted on again. The French president, as well as MPs in the National Assembly are voted in by direct universal suffrage. Political parties are formed only when they meet two conditions: that at least 15 MPs are brought together in the organization, and that a MP only supports one political group at a time. Parties also cannot be formed on the basis of representing private, local, or professional interests, or forcing a binding vote. Public media and broadcasters must be impartial and independent. During parliamentary elections, 3 hours of public airtime divided equally groups in the majority of the National Assembly and groups not in the majority of the National Assembly. (3 hours divided up based on consensus or degree of importance of groups and parties.) In the second round, 1.5 hours are available to relevant parties and groups. Political groups and parties not part of the National Assembly are entitled to 7 minutes of public airtime in first round and 5 minutes in the second round, as long as they have at least 75 candidate nominations. (577 total seats in National Assembly.) Private media and broadcasters must provide electoral coverage, and equal special coverage to political candidates. (“equal treatment”) 3 months prior to an election period, the state does not allow commercial political advertising. No election propaganda during election period in which candidates does not have reasonable time to respond. Foundation for Democratic Advancement Page | 33
  • 34. The state disallows the distribution of fliers etc. on the eve of Election Day. 6 months prior to an election period to the Election Day, the state disallows posters etc. except in specific locations reserved equally for candidates. The state bans commercial political advertisement. Finances: Individual donations capped at €4,600 Euros during election campaigns. Outside of election period, individual donations capped at €7,500 Euros. Legal entities are banned from donating to political candidates and parties. Public electoral monies: Parties must have candidates running for office in at least 50 constituencies, and obtain 1% of vote, or candidates in only one or more overseas departments and obtain 1% of vote. Public monies distributed based on: Share based on % of votes received in previous electioneering and share based on % of seats attained in the National Assembly. New political parties are entitled to public monies as long as within a 12 month period they received donations from 10,000 citizens with a minimum of 500 elected representatives, and donations totaling €150,000 Euros. Outside election period, political groups in the National Assembly are guaranteed certain amount of TV and radio airtime, and tax rebates on political expenses. Airtime distribution based on % of representation in National Assembly. Presidential candidates have spending limits: In 2007 presidential election, €16,166,000.00 for the first ballot, and €21,594,000.00 for each of the two candidates present at the second ballot. €38,000 Euro plus a defined percentage times the number of voter in constituency, spending limits for National Assembly candidates. There is no spending limit on candidate's contributions to their own campaigns as long as their own money and they do not exceed their spending limit. Presidential candidates must have the support of 500 elected members of which must include 30 French administered territories outside of Europe with no more than 10% from one territory. Candidates are advanced €153,000 Euros (1/20th of candidate expenditure limit). 50% of spending limit is refunded if candidate attains at least 5% of the total vote cast. A candidate who spends up to 50% of the cap will get back the entirety of his or her expenses. Foundation for Democratic Advancement Page | 34
  • 35. The state imposes €3,750 Euro fines and up to 1 year imprisonment for violation of finance laws, commercial advertising ban etc. The score of 100 percent for candidate and party electoral influence means that FDA auditors could find no element of unfairness in France's laws and regulations on candidate and party influence. The score does not mean that there is an equal playing field for candidates and parties. It means that there is a completely fair playing field for candidates and parties. The fairness of France's legislation is consistent through all areas of candidate and party influence. Foundation for Democratic Advancement Page | 35
  • 36. Chapter Three: Electoral Finance Chapter three will focus on the research and audit results of French laws and regulations with respect to the equality and fairness of Azerbaijani electoral finance laws and regulations. Executive Summary: France received a score of 90 percent for electoral finance. The score means that France's laws and regulation on electoral finance are exceptional, progressive, and innovative. France's electoral finances are capped, and the finance laws are monitored and enforced. Also, there are public electoral subsidies based on popular support. The 10 percent short of 100 percent is based on the cap on citizen donations favoring wealthy French citizens and supporting minority support. For example, as observed in the FDA audit session, twenty-five wealthy citizens with 4,600 Euros donations each, based on the spending limit on a MP and cap on citizen donations, could cover all of a candidate's eligible electoral expenditures. Research Excerpts: The following excerpts were identified by the FDA researchers as relevant. The FDA researchers made some excerpts bold to emphasize high relevance: Election Code: The election expenses limit provided for in Article L. 52-11 of the Election Code is set at 13.7 million euros for a candidate in the election of the President of the Republic. There is increased to 18.3 million euros for each candidate in the second round. Individuals may not, under the provisions of Article L. 52-8 of the Election Code, grant loans and advances repayable candidates. V. A decree in Conseil d'Etat shall define the modalities of application of these provisions organic determines in particular the conditions of participation of state spending for propaganda. When publishing the list of candidates in the first round, the state pays each of them a sum of 153,000 euros as an advance on the reimbursement sum of their campaign expenses under paragraph below. If the refund amount is less than this amount, the excess is subject to a repayment. An amount equal to the twentieth of the amount of campaign spending limits applicable to them is paid, as a lump sum to each candidate, that amount is increased to half of that limit for each candidate with more than 5 per 100 of total votes cast in the first round. Can not exceed the amount of expenditure of the candidate traced in his campaign account. The total or partial reimbursement of expenses tracked in the campaign account is only possible after final approval of the account. The repayment sum is not paid to applicants who do not comply with the requirements of the second paragraph of this Article II, who have not filed their campaign accounts within the period specified in the second paragraph of Article L. 52-12 of the Election Code or whose campaign account is rejected for other reasons. In cases where Foundation for Democratic Advancement Page | 36
  • 37. irregularities do not lead to rejection of the day, the decision on the latter may reduce the amount of reimbursement based on the number and severity of these irregularities. Amended by Law n ° 2011-412 of April 14, 2011 - art. 16 Seized by the Committee established by Article L. 52-14 , the election judge may declare ineligible for the candidate whose campaign account, where appropriate after Reformation, shows an excess of the maximum election expenses. Seized under the same conditions, the election judge may declare ineligible for the candidate who has not filed his campaign account in the manner and within the time prescribed in Article L. 52-12 . It also decides the ineligibility of the candidate whose campaign account was properly rejected in the case of willingness to fraud or failure of particular severity the rules on campaign financing. Amended by Law n ° 2011-412 of April 14, 2011 - art. 8 Donations made by a person properly identified to finance the campaign of one or more candidates in the same election may not exceed 4,600 euros. Corporations, with the exception of political parties or groups, cannot participate in financing the election campaign of a candidate, or by extending donations in any form whatsoever or by providing goods, services or other direct or indirect benefits to prices lower than those usually practiced. Any donation of more than 150 euros granted to a candidate for his campaign to be paid by check, bank transfer, debit or credit card. The total amount of cash donations to the candidate may not exceed 20% of the amount of authorized expenses if the amount is less than 15 000 euros under Article L. 52-11 . No candidate may receive, directly or indirectly, for any expense whatsoever, contributions or material support to a foreign state or a legal entity under foreign law. Notwithstanding the first paragraph of Article L. 52-1 , candidates or lists of candidates may use advertising in the press to solicit donations allowed by this section. Advertising can not contain other than those required to enable the payment of the gift. The amounts provided in this section are updated every year by decree. They evolve as the price index for household consumption, excluding tobacco. Article L52-9 Article L52-10 Amended by Order 2000-916 2000-09-19 Annex II, Official Journal of 22 September 2000 into force on 1 January 2002 The association of election financing or fiscal agent issues a receipt to the donor including a Foundation for Democratic Advancement Page | 37
  • 38. State Council decree sets the conditions for the establishment and use. The decree also determines the manner in which the receipts issued for donations of an amount equal to or less than 3000 euros made by individuals do not mention the name of the applicant or recipient the name of the beneficiary list. Article L52-11 Amended by Law n ° 2011-412 of April 14, 2011 - art. 14 For the elections to which Article L. 52-4 is applicable, it shall be a limit on election expenses (1), other than expenses of propaganda directly supported by the state, exposed by each candidate or each candidate list, or on their behalf, in the period mentioned in that article. The ceiling is determined by the number of inhabitants of the district election in accordance with the following table: Per capita ceiling of voters think (in euros): Fraction of the Election of Councillors: Election of population of Election of the district: These lists in Lists in the Regional councilors the first round second round Councillors Not exceeding 15 000 1, 22 1, 68 0, 64 0, 53 inhabitants: 15 001-30 1, 07 1, 52 0, 53 0, 53 000: 30 001-60 0, 91 1, 22 0, 43 0, 53 000: 60 001-100 0, 84 1, 14 0, 30 0, 53 000: 100 001-150 0, 76 1, 07 - 0, 38 000: 150 001-250 0, 69 0, 84 - 0, 30 000: Exceeding 250 000 0, 53 0, 76 - 0, 23 inhabitants: The expenditure ceiling for the election of members is 38 000 euros per candidate. It is increased by 0, 15 euro per inhabitant in the district. The ceilings set for the election of regional councilors are applicable to the election of councilors to the Corsican Assembly. The amounts provided in this section are updated every year by decree. They evolve as the price index for household consumption, excluding tobacco. Foundation for Democratic Advancement Page | 38
  • 39. NOTE: (1): Decree 2009-1730 of 30 December 2009 art. 1: The amount of election expenses limit is multiplied by the coefficient of 1.23 for the elections to which the provisions of Article L. 52-11 of the Election Code shall apply, with the exception of members of parliament and representatives of the European Parliament. Article L52-11-1 Amended by Law n ° 2011-412 of April 14, 2011 - art. 9 The election expenses of candidates which Article L. 52-4 is applicable are subject to a flat reimbursement from the state equal to 50% of their spending limit. The reimbursement may not exceed the amount of expenses paid on the personal contribution of candidates and traced in their campaign accounts. The repayment sum is not paid to candidates who received less than 5% of the votes cast in the first round of voting, which does not comply with the requirements of Article L. 52-11 , who have not filed their campaign accounts within the period specified in the second paragraph of Article L. 52-12 or whose campaign account is rejected for other reasons or who have not filed their tax asset situation, they are subject to this requirement. In cases where irregularities do not lead to rejection of the day, the decision on the latter may reduce the amount of reimbursement based on the number and severity of these irregularities. Article L52-12 Amended by Law n ° 2011-412 of April 14, 2011 - art. 10 Each candidate or candidate tops the list submitted to the ceiling provided for in Article L. 52- 11 who received at least 1% of the votes cast is required to establish a campaign account tracing, by origin, all income received and according to their nature, all expenditures made or incurred in for election, except those of the official campaign for himself or on his behalf during the period mentioned in Article L. 52-4 . The same responsibility to the candidate or candidate tops the list when it has received donations from individuals in accordance with Article L. 52-8 of this Code as provided in section 200 of the General Tax Code. Shall be deemed made on behalf of the expenditure incurred directly to the candidate and with the approval of it by individuals who are supporting him, and by the political parties and groups that were created for him supporting or its supporters. The candidate believes and includes revenue and expenses, direct or indirect benefits, service delivery and in-kind donations he received. The campaign account must be in balance or in surplus and can not have a deficit. No later than 18 hours before the tenth Friday following the first ballot, each candidate or leading candidate in the first round this table in the National Campaign Accounts and Political Funding his campaign account and its annexes together with supporting evidence of its revenue and invoices, specifications and other documents required to establish the amount of expenses paid or incurred by a candidate or on his behalf. The campaign account is presented by a member of the order of accountants and chartered accountants, it puts the campaign account in a state of review and whether the presence of required supporting documents. This presentation is not necessary when no expenditure or revenue does not appear in the campaign account. In this case, Foundation for Democratic Advancement Page | 39